Taxation Administration Act 1953

Sch 1 inserted by No 178 of 1999 (as amended by No 179 of 1999 and No 44 of 2000).

Ch 2 title inserted by No 73 of 2006 , s 3 and Sch 5 item 40, effective 1 July 2006.

Div 12 (except s 12-190 ) applies to a payment made on or after 1 July 2000.

Subdiv 12-C (heading) substituted by No 56 of 2010, s 3 and Sch 6 item 46, applicable in relation to payments made on or after 1 July 2010. The heading formerly read:

Superannuation payments, employment termination payments and unused leave payments

Subdiv 12-C substituted by No 15 of 2007, s 3 and Sch 1 item 369, applicable to the 2007-2008 income year and later years. Subdiv 12-C formerly read:

Subdivision 12-C - Retirement payments, eligible termination payments and annuities

SECTION 12-80 PAYMENT OF PENSION OR ANNUITY  
12-80
An entity must withhold an amount from a payment it makes to an individual if the payment is:

(a) a pension within the meaning of the Superannuation Industry (Supervision) Act 1993 or the Retirement Savings Accounts Act 1997 ; or

(b) an annuity within the meaning of the Superannuation Industry (Supervision) Act 1993 .

For exceptions, see section 12-1 .

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History

S 12-80 amended by No 8 of 2007, s 3 and Sch 1 item 25 by substituting " Retirement Savings Accounts Act 1997 " for " Retirement Savings Account Act 1997 " , effective 22 December 1999.

SECTION 12-85 ELIGIBLE TERMINATION PAYMENT  
12-85
An entity must withhold an amount from an *eligible termination payment it makes to an individual. SECTION 12-90 PAYMENT FOR UNUSED LEAVE  
12-90
An entity must withhold an amount from a payment it makes to an individual if the payment is included in the individual ' s assessable income under:

(a) section 26AC (payment for unused annual leave); or

(b) section 26AD (payment for unused long service leave);

of the Income Tax Assessment Act 1936 .

For exceptions, see section 12-1 .

S 12-85 amended by No 56 of 2010, s 3 and Sch 6 item 48, by substituting para (b), applicable in relation to payments made on or after 1 July 2010.

Para (b) formerly read:

(b) an *employment termination payment.

S 12-85 substituted by No 15 of 2007, s 3 and Sch 1 item 368, applicable to the 2007-2008 income year and later years. For former wording of s 12-85 see note under Subdiv 12-C heading.