TAXATION ADMINISTRATION ACT 1953

SCHEDULE 1 - COLLECTION AND RECOVERY OF INCOME TAX AND OTHER LIABILITIES  

Note: See section 3AA .

Chapter 2 - Collection, recovery and administration of income tax  

PART 2-5 - PAY AS YOU GO (PAYG) WITHHOLDING  

Division 10 - Guide to Part 2-5  

SECTION 10-5   SUMMARY OF WITHHOLDING PAYMENTS  

10-5(1)  


The payments and other transactions covered by PAYG withholding are called withholding payments. They are summarised in the table.
Note:

The obligation to pay an amount to the Commissioner is imposed on the entity making the withholding payment (except for items 17, 19, 22 and 27, and 26 (to the extent that it covers subsection 12-390(4) )).


Summary of withholding payments
Item Withholding payment Section
1 A payment of salary etc. to an employee 12-35
2 A payment of remuneration to the director of a company 12-40
3 A payment of salary etc. to an office holder (e.g. a member of the Defence Force) 12-45
3A A payment to a *religious practitioner 12-47
4 A return to work payment to an individual 12-50
5 A payment that is covered by a voluntary agreement 12-55
6 A payment under a labour hire arrangement or a payment specified by regulations 12-60
7 A *superannuation income stream or an annuity 12-80
8 A *superannuation lump sum or a payment for termination of employment 12-85
9 An unused leave payment 12-90
10 A social security or similar payment (e.g. old age pension) 12-110
11 A Commonwealth education or training payment 12-115
12 A compensation, sickness or accident payment 12-120
13 A payment arising from an investment where the recipient does not quote its tax file number, or in some cases, its ABN 12-140
14 Investor becoming presently entitled to income of a unit trust 12-145
14A A trustee of a closely held trust distributing an amount from the trust income to a beneficiary, where the beneficiary does not quote its tax file number 12-175
14B A beneficiary of a closely held trust becoming presently entitled to income of the trust, where the beneficiary does not quote its tax file number 12-180
15 A payment for a supply where the recipient of the payment does not quote its ABN 12-190
16 A dividend payment to an overseas person 12-210
17 A dividend payment received for a foreign resident 12-215
18 An interest payment to an overseas person 12-245
19 An interest payment received for a foreign resident 12-250
20 An interest payment derived by a lender in carrying on business through overseas permanent establishment 12-255
21 A royalty payment to an overseas person 12-280
22 A royalty payment received for a foreign resident 12-285
22A A departing Australia superannuation payment 12-305
22AA An *excess untaxed roll-over amount 12-312
22B A payment (of a kind set out in the regulations) to a foreign resident 12-315
22C A payment (of a kind set out in the regulations) received for a foreign resident 12-317
22D A payment of salary, wages etc. to an employee under the Seasonal Labour Mobility Program 12-319A
23 A mining payment 12-320
24 A natural resource payment 12-325
25 A payment by a withholding MIT 12-385
26 A payment by a *custodian or other entity 12-390
27 A payment under the *first home super saver scheme 12-460

10-5(2)  


These can also be treated as withholding payments:


(aa) a payment that arises because of the operation of section 12A-205 (see Division 12A );


(a) alienated personal services payments (see Division 13 );


(b) non-cash benefits, and capital proceeds involving foreign residents and certain kinds of taxable Australian property (see Division 14 ).

Note:

The obligation to pay an amount to the Commissioner is imposed on the entity receiving the alienated personal services payment or providing the non-cash benefit or capital proceeds.




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