Tax Laws Amendment (Transfer of Provisions) Act 2010 (79 of 2010)
Schedule 1 Collection and recovery of tax
Part 1 Main amendments
Taxation Administration Act 1953
9 At the end of Division 255 in Schedule 1
Add:
Subdivision 255-D - Security deposits
Table of sections
255-100 Commissioner may require security deposit
255-105 Notice of requirement to give security
255-110 Offence
255-100 Commissioner may require security deposit
(1) The Commissioner may require you to give security for the due payment of an existing or future*tax-related liability of yours if:
(a) the Commissioner has reason to believe that:
(i) you are establishing or*carrying on an*enterprise in Australia; and
(ii) you intend to carry on that enterprise for a limited time only; or
(b) the Commissioner reasonably believes that the requirement is otherwise appropriate, having regard to all relevant circumstances.
Note: A requirement to give security under this section isnot a tax-related liability. As such, the collection and recovery provisions in this Part do not apply to it.
(2) The Commissioner may require you to give the security:
(a) by way of a bond or deposit (including by way of payments in instalments); or
(b) by any other means that the Commissioner reasonably believes is appropriate.
(3) The Commissioner may require you to give security under this section:
(a) at any time the Commissioner reasonably believes is appropriate; and
(b) as often as the Commissioner reasonably believes is appropriate.
Example: The Commissioner may require additional security if he or she reasonably believes that the original security requirement underestimated the amount of the likely tax-related liability.
255-105 Notice of requirement to give security
Commissioner must give notice of requirement to give security
(1) If the Commissioner requires you to give security under section 255-100, he or she must give you written notice of the requirement.
Content of notice
(2) The notice must:
(a) state that you are required to give the security to the Commissioner; and
(b) explain why the Commissioner requires the security; and
(c) set out the amount of the security; and
(d) describe the means by which you are required to give the security under subsection 255-100(2); and
(e) specify the time by which you are required to give the security; and
(f) explain how you may have the Commissioner's decision to require you to give the security reviewed.
(3) To avoid doubt, a single notice may relate to security for the payment of 2 or more existing or future*tax-related liabilities, but must comply with subsection (2) in relation to each of them.
When notice is given
(4) Despite section 29 of theActs Interpretation Act 1901, a notice under subsection (1) is taken to be given at the time the Commissioner leaves or posts it.
Note: Section 28A of theActs Interpretation Act 1901may be relevant to giving a notice under subsection (1).
Miscellaneous
(5) A failure to comply with this section does not affect the validity of the requirement to give the security under section 255-100.
255-110 Offence
You commit an offence if:
(a) the Commissioner requires you to give security under section 255-100; and
(b) you fail to give that security as required.
Penalty: 100 penalty units.
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