Tax Laws Amendment (2012 Measures No. 2) Act 2012 (99 of 2012)

Schedule 1 Companies' non-compliance with PAYG withholding and superannuation guarantee obligations

Part 1 Recovery of penalties

Division 3 Remission of penalties

Taxation Administration Act 1953

8 Section 269-30 in Schedule 1

Repeal the section, substitute:

269-30 Effect on penalty of directors’ obligation ending before end of notice period

(1) Subject to subsection (2), a penalty of yours under this Division is remitted if the directors of the company stop being under the relevant obligation under section 269-15:

(a) before the Commissioner gives you notice of the penalty under section 269-25; or

(b) within 21 days after the Commissioner gives you notice of the penalty under that section.

(2) The following table has effect:

When appointing administrator or winding up company does not affect penalty
Item	Column 1 If the company’s obligation is to pay to the Commissioner, on or before the due day …	Column 2 and, because of paragraph 269-15(2)(b) or (c) (an administrator is appointed or the company begins to be wound up), the directors stop being under the relevant obligation after the last day of the 3 months after …	Column 3 subsection (1) does not apply …
1	an amount in accordance with Subdivision 16-B (obligation to pay withheld amounts to the Commissioner),	the due day,	to the extent the company does not, on or before the last day mentioned in column 2, notify the Commissioner under section 16-150 of the amount the company is obliged to pay.
2	the amount of an estimate under Division 268 (estimates of PAYG withholding liabilities and superannuation guarantee charge),	the day by which the company was obliged to pay the underlying liability to which the estimate relates,	to any extent.

When appointing administrator or winding up company does not affect penalty

Item

Column 1

If the company’s obligation is to pay to the Commissioner, on or before the due day …

Column 2

and, because of paragraph 269-15(2)(b) or (c) (an administrator is appointed or the company begins to be wound up), the directors stop being under the relevant obligation after the last day of the 3 months after …

Column 3

subsection (1) does not apply …

an amount in accordance with Subdivision 16-B (obligation to pay withheld amounts to the Commissioner),

the due day,

to the extent the company does not, on or before the last day mentioned in column 2, notify the Commissioner under section 16-150 of the amount the company is obliged to pay.

the amount of an estimate under Division 268 (estimates of PAYG withholding liabilities and superannuation guarantee charge),

the day by which the company was obliged to pay the underlying liability to which the estimate relates,

to any extent.

Note: An administrator of the company being appointed, or the company beginning to be wound up, after the last day mentioned in column 2 will, to the extent mentioned in column 3, have no effect on the penalty.

(3) If you become a director of the company during or after the 3 months mentioned in column 2, treat the reference in the column to the 3 months as being a reference to the 3 months after the day you become a director of the company.

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