Taxation Administration Act 1953
SCHEDULE 1
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COLLECTION AND RECOVERY OF INCOME TAX AND OTHER LIABILITIES
PART 2-5
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PAY AS YOU GO (PAYG) WITHHOLDING
Division 12
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Payments from which amounts must be withheld
Subdivision 12-A
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General rules
SECTION 12-1
GENERAL EXCEPTIONS
Exempt income of recipient
12-1(1)
An entity need not withhold an amount under section 12-35 , 12-40 , 12-45 , 12-47 , 12-50 , 12-55 , 12-60 , 12-80 , 12-85 , 12-90 , 12-120 or 12-190 from a payment if the whole of the payment is *exempt income of the entity receiving the payment.
Non-assessable non-exempt income of recipient
12-1(1A)
An entity need not withhold an amount under Subdivision 12-B , Subdivision 12-C or section 12-120 or 12-190 from a payment if the whole of the payment is not assessable income and is not *exempt income of the entity receiving the payment.
Living-away-from-home allowance benefit
12-1(2)
In working out how much to withhold under section 12-35 , 12-40 , 12-45 , 12-47 , 12-115 , 12-120 , 12-315 or 12-317 from a payment, disregard so much of the payment as is a living-away-from-home allowance benefit as defined by section 136 of the Fringe Benefits Tax Assessment Act 1986 .
Expense payment benefit
12-1(3)
In working out how much to withhold under section 12-35 , 12-40 , 12-45 , 12-47 , 12-115 , 12-120 , 12-315 or 12-317 from a payment, disregard so much of the payment as:
(a) is an expense payment benefit as defined by section 136 of the Fringe Benefits Tax Assessment Act 1986 ; and
(b) is not an exempt benefit under section 22 of that Act (about reimbursement of car expenses on the basis of distance travelled).
Capped defined benefit income stream
12-1(4)
This section does not apply in relation to a payment if the whole of the payment is a *superannuation income stream benefit that is paid from a *capped defined benefit income stream.
View history note
Hide history noteNote: See section 3AA .
Chapter 2 - Collection, recovery and administration of income taxAn entity need not withhold an amount under section 12-35 , 12-40 , 12-45 , 12-47 , 12-50 , 12-55 , 12-60 , 12-80 , 12-85 , 12-90 , 12-120 or 12-190 from a payment if the whole of the payment is *exempt income of the entity receiving the payment.
An entity need not withhold an amount under Subdivision 12-B , Subdivision 12-C or section 12-120 or 12-190 from a payment if the whole of the payment is not assessable income and is not *exempt income of the entity receiving the payment.
In working out how much to withhold under section 12-35 , 12-40 , 12-45 , 12-47 , 12-115 , 12-120 , 12-315 or 12-317 from a payment, disregard so much of the payment as is a living-away-from-home allowance benefit as defined by section 136 of the Fringe Benefits Tax Assessment Act 1986 .
In working out how much to withhold under section 12-35 , 12-40 , 12-45 , 12-47 , 12-115 , 12-120 , 12-315 or 12-317 from a payment, disregard so much of the payment as:
(a) is an expense payment benefit as defined by section 136 of the Fringe Benefits Tax Assessment Act 1986 ; and
(b) is not an exempt benefit under section 22 of that Act (about reimbursement of car expenses on the basis of distance travelled).
This section does not apply in relation to a payment if the whole of the payment is a *superannuation income stream benefit that is paid from a *capped defined benefit income stream.
Note:
For withholding amounts from a superannuation income stream, see section 12-80 .
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