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 16 - Payer ' s obligations and rights  

Subdivision 16-D - Additional rights and obligations of entity that makes a payment  

SECTION 16-195   PAYER ' S RIGHT TO RECOVER AMOUNTS OF PENALTY: CERTAIN WITHHOLDING TAXES  

16-195(1)  
An entity that has paid an amount of penalty under section 16-30 , 16-35 or 16-40 for a *withholding payment covered by:


(a) Subdivision 12-F (about a dividend, interest or royalty payment); or


(aa) section 12-305 (about a departing Australia superannuation payment); or


(ab) Subdivision 12-FC (Seasonal Labour Mobility Program); or


(b) section 12-320 (about a mining payment); or


(c) Subdivision 12-H (about distributions of withholding MIT income);

may recover an amount equal to the amount of penalty from the person liable to pay the *withholding tax, or *mining withholding tax, for the withholding payment.

Note:

Sections 16-30 , 16-35 and 16-40 provide for an administrative penalty for failing to comply with Division 12 or 14 .

16-195(2)  


Subsection (3) applies if an entity has paid an amount of penalty under section 12-415 to the Commissioner for a failure to give a notice, or to make details available on a website, as required by section 12-395 in relation to an amount (the relevant amount ).

16-195(3)  
The entity may recover from another entity that is liable to pay *managed investment trust withholding tax in relation to an amount attributable to the relevant amount the lesser of:


(a) an amount equal to the amount of that tax that the other entity is liable to pay; and


(b) the amount of the penalty.




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