PAYG withholding variation application 2017

You should use this application form if you want to reduce the tax withheld from income paid to you for the year ending 30 June 2017.

The main purpose of varying the rate or amount of withholding is to make sure that the amount withheld during the income year best meets your end-of-year tax liability. For example, you may want to apply for a variation if the normal rate of withholding leads to a large credit at the end of the income year because your tax-deductible expenses are higher than normal.

You need to send your completed application to us by 30 April 2017.

Note: Variations are issued at the discretion of the Commissioner of Taxation.

Processing times

The processing time for an application depends on the method you use to lodge your application. If you lodged:

  • online using an e-variation – within 28 days
  • by paper – within 56 days.

If you cannot lodge online, you will need to order a paper application by:

  • visiting our online ordering and searching for NAT 2036
  • phoning our automated self-help ordering service on 13 28 65.

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Important information

We will process your application only if you:

  • have lodged all required tax returns and activity statements, or notified us in writing if you were not required to lodge tax returns in prior years
  • did not receive a debit assessment on your last tax assessment (if you also had an approved withholding variation for that year)
  • do not have any outstanding tax debt owing to the Australian Government
  • do not have any outstanding debts under any other Acts administered by us.

We may seek more information from you before or after your application is processed. If you fail to provide this, your application may not be approved.

We process your application based on the information you provide. It is your responsibility to make sure this information is adequate to allow us to calculate a withholding rate to meet your end-of-year tax liability.

If your application is not approved, you can apply for a review of the decision. You must apply in writing, explain why the decision should be overturned, and include information to support your claims.

Aggressive tax planning

In the past, promoters of managed investment schemes, and tax-effective investment products or arrangements, have encouraged their clients to apply for income tax withholding variations to produce immediate tax savings. Promoters often imply that the granting of a variation supports the tax deductibility of the investment and indicates our acceptance that the arrangement complies with the relevant income tax laws.

If you want more certainty about the tax treatment of an arrangement, ask the promoter if they have a product ruling from us. If the answer is:

  • yes – ask for a copy and read it, or have an independent tax professional read it and explain how it applies to you
  • no – ask why they don't have a product ruling for the project and apply to us for a private binding ruling or consult a tax professional who is not involved in promoting the investment.

If you have concerns about a promoter or a tax scheme, you can phone our hotline anonymously on 1800 177 006.

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Non-commercial losses

If you have a net loss from a business activity you carry on as an individual, either as a sole trader or in partnership, the non-commercial loss rules will apply.

These rules determine if you can use your business loss to offset income from other sources. You can only offset your loss against assessable income from other sources if one or more of the following applies:

  • one of the exceptions for primary production or professional arts businesses apply
  • you meet the income requirement, and one of the four tests is satisfied – profits test, assessable income test, other assets test, real property test
  • we have exercised our discretion to allow you to claim the loss.

If you do not satisfy the above criteria, you must defer the loss to a future year when both of the following apply:

  • there is a profit from the business activity or a similar activity
  • you meet the income requirement and satisfy one of the tests.

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Starting date

If this application is approved, the varied rate or amount of withholding will start from the next available payday after your pay office receives the notice of withholding variation from us.

Finishing date

Your variation finishes on the expiry date shown on the notice of withholding variation from us. It is your responsibility to reapply for a future variation if your circumstances require it.

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You can also phone us on 1300 360 221 If you are a tax agent, phone 13 72 86, fast key code 1 2 3 between 8.00am and 6.00pm Monday to Friday.

Last modified: 10 May 2016QC 21682