TAXATION ADMINISTRATION ACT 1953

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

Note: See section 3AA .

Chapter 4 - Generic assessment, collection and recovery rules  

PART 4-15 - COLLECTION AND RECOVERY OF TAX-RELATED LIABILITIES AND OTHER AMOUNTS  

Division 265 - Other matters  

Subdivision 265-C - Direction to pay superannuation guarantee charge  

Guide to Subdivision 265-C

SECTION 265-105   EFFECT OF LIABILITY BEING REDUCED OR CEASING TO EXIST  

265-105(1)  
If:


(a) you have been given a direction under subsection 265-90(1) requiring you to pay an amount of a liability referred to in that subsection to the Commissioner; and


(b) the period specified in the direction under paragraph 265-90(3)(c) has not expired; and


(c) the liability is reduced (but not to nil);

the amount set out in the direction is taken to be reduced by the amount of the reduction referred to in paragraph (c).

265-105(2)  
If:


(a) you have been given a direction under subsection 265-90(1) requiring you to pay an amount of a liability referred to in that subsection to the Commissioner; and


(b) the period specified in the direction under paragraph 265-90(3)(c) has not expired; and


(c) either:


(i) the liability is reduced to nil; or

(ii) the liability ceases to exist;

the direction is taken to be revoked.

265-105(3)  
You may be convicted of an offence against subsection 265-95(1) in relation to a direction under subsection 265-90(1) requiring you to pay an amount of a liability referred to in subsection 265-90(1) to the Commissioner even if:


(a) the liability is reduced, or ceases to exist, after the end of the period specified in the direction under paragraph 265-90(3)(c) ; or


(b) the liability is discharged after the end of that period; or


(c) the liability is, after the end of that period, taken never to have existed, or taken not to have existed at a time on or before the end of that period.




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.