Commonwealth Consolidated Acts Commonwealth Consolidated ActsIncome Tax Assessment Act 1936
1 Subsection 222AFB(1) (definition of due date )
Repeal the definition, substitute:
"due date" , in relation to an amount required to be paid to the Commissioner under a remittance provision, means the day on, by or before which the amount must be paid to the Commissioner.
2 Subsection 222AFB(1)
Insert:
"non-cash benefit" has the same meaning as in the Income Tax Assessment Act 1997 .
3 Subsection 222AFB(1) (at the end of the definition of person )
Add:
and (h) an entity within the meaning of the Income Tax Assessment Act 1997 .
4 Paragraphs 222AGA(1)(a) and (b)
Repeal the paragraphs, substitute:
(a) a person (the person liable ) has become liable under a remittance provision to pay an amount to the Commissioner; and
(b) the liability to pay that amount remains undischarged after the due date;
5 Subsection 222AGA(2)
Repeal the subsection, substitute:
(2) In making the estimate, the Commissioner may have regard to anything he or she thinks relevant, for example, information about:
(a) amounts deducted; or
(b) amounts withheld from payments; or
(c) payments received; or
(d) non‑cash benefits provided;
during a period earlier than the period in relation to which the liability arose.
6 Paragraph 222AGB(2)(e)
Repeal the paragraph, substitute:
(e) state that if the person or the person's trustee gives the Commissioner a statutory declaration substantiating the actual unpaid amount of the liability to which the estimate relates, the estimate will be reduced accordingly; and
(ea) state that the estimate will be revoked if the person or the person's trustee gives the Commissioner a statutory declaration to the effect that, during the period concerned, the person did not:
(i) make any deductions for the purposes of Division 1AA, 2, 3A, 3B or 4; or
(ii) withhold any amounts under Division 12 in Schedule 1 to the Taxation Administration Act 1953 ; or
(iii) receive any payments that gave rise to a liability under Division 13 in that Schedule; or
(iv) provide any non‑cash benefits that gave rise to a liability under Division 14 in that Schedule;
as the case requires; and
(eb) state that a statutory declaration mentioned in paragraph (e) or (ea) must comply with section 222AGF; and
7 Paragraph 222AGD(1)(b)
Repeal the paragraph, substitute:
(b) the declaration is to the effect that, during the period concerned, the person did not:
(i) make any deductions for the purposes of Division 1AA, 2, 3A, 3B or 4; or
(ii) withhold any amounts under Division 12 in Schedule 1 to the Taxation Administration Act 1953 ; or
(iii) receive any payments that gave rise to a liability under Division 13 in that Schedule; or
(iv) provide any non‑cash benefits that gave rise to a liability under Division 14 in that Schedule;
as the case requires.
8 Subsection 222AGF(4)
Repeal the subsection, substitute:
(4) The declaration must:
(a) specify:
(i) the total of the amounts of the deductions that the person made for the purposes of Division 1AA, 2, 3A, 3B or 4 during the period concerned; or
(ii) the total of the amounts withheld under Division 12 in Schedule 1 to the Taxation Administration Act 1953 during the period concerned; or
(iii) the total of the amounts of the payments received during the period concerned that gave rise to a liability under Division 13 in that Schedule and the total of the amounts of those liabilities; or
(iv) the total of the values of the non‑cash benefits, or the amounts of the dividends, interest or royalties, provided during the period concerned that gave rise to a liability under Division 14 in that Schedule and the total of the amounts of those liabilities;
as the case requires; or
(b) state to the effect that during the period concerned, the person did not:
(i) make any deductions for the purposes of Division 1AA, 2, 3A, 3B or 4; or
(ii) withhold any amounts under Division 12 in Schedule 1 to the Taxation Administration Act 1953 ; or
(iii) receive any payments that gave rise to a liability under Division 13 in that Schedule; or
(iv) provide any non‑cash benefits that gave rise to a liability under Division 14 in that Schedule;
as the case requires.
9 Subsection 222AGF(5)
Omit "that Division in relation to the deductions (if any) that the person so made", substitute "a remittance provision".
10 At the end of section 222ANB
Add:
(3) A person purporting to withhold an amount under Division 12 in Schedule 1 to the Taxation Administration Act 1953 is taken to have withheld the amount under that Division.
Part 2 -- Technical amendments
Income Tax Assessment Act 1936
11 Paragraph 222AIB(1)(a)
Omit "section 260", substitute "section 234".
12 Section 222AIC
Before "that section", insert "of".
13 Paragraph 222AJB(1)(b)
Omit "a penalty payable", substitute "pay a general interest charge".
Note: The heading to section 222AJB is altered by omitting " or late payment penalty ".
14 Paragraph 222AJB(1)(b)
Omit "this Act", substitute "this Part".
15 Subsection 222AJB(3)
Repeal the subsection, substitute:
(3) If, because a judgment debt carries interest, section 8AAH of the Taxation Administration Act 1953 reduces the amount of a general interest charge payable as mentioned in paragraph (1)(b), the amount of the reduction is taken for the purposes of subsection (2) to have been applied towards discharging the person's liability to the charge.
16 Subsection 222AOF(1)
Omit "ASC documents", substitute "ASIC documents".
17 Subsection 222AOF(2) (definition of ASC document )
Repeal the definition.
18 Subsection 222AOF(2)
Insert:
"ASIC document" means a return:
(a) lodged with the Australian Securities and Investments Commission under section 205B or 345 of the Corporations Act 2001 ; or
(b) lodged with a person under a law that, for the purposes of the Corporations Act 2001 , is a previous law corresponding to section 205B or 345 of that Act.
Part 3 -- Application of amendments
19 Application
The amendments made by Part 1 of this Schedule apply to:
(a) an amount withheld under Division 12 in Schedule 1 to the Taxation Administration Act 1953 during a financial year beginning on or after 1 July 2001; and
(b) a payment received during a financial year beginning on or after 1 July 2001 that gives rise to a liability under Division 13 of that Schedule; and
(c) a non‑cash benefit provided during a financial year beginning on or after 1 July 2001 that gives rise to a liability under Division 14 of that Schedule.