Treasury Laws Amendment (Combating Illegal Phoenixing) Act 2020 (6 of 2020)

Schedule 3   GST estimates and director penalties

Taxation Administration Act 1953

13   Section 269-1 in Schedule 1

Omit:

The directors of a company have a duty to ensure that the company either:

(a) meets its obligations under Subdivision 16-B (obligation to pay withheld amounts to the Commissioner) and Division 268 in this Schedule and Part 3 of the Superannuation Guarantee (Administration) Act 1992 (obligation to pay superannuation guarantee charge); or

(b) goes promptly into voluntary administration under the Corporations Act 2001 or into liquidation.

substitute:

This Division deals with obligations of a company:

(a) under Subdivision 16-B in this Schedule (obligation to pay withheld amounts to the Commissioner); and

(b) under Division 268 in this Schedule (obligation to pay estimates); and

(c) under Part 3 of the Superannuation Guarantee (Administration) Act 1992 (obligation to pay superannuation guarantee charge); and

(d) under Divisions 33 and 35 of the GST Act in respect of assessed net amounts; and

(e) under Division 162 of the GST Act in respect of GST instalments.

The directors of a company have a duty to ensure that the company either:

(a) meets those obligations; or

(b) goes promptly into voluntary administration under the Corporations Act 2001 or into liquidation.


Copyright notice

© Australian Taxation Office for the Commonwealth of Australia

You are free to copy, adapt, modify, transmit and distribute material on this website as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).