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 15 - Working out the amount to withhold  

Subdivision 15-A - Working out how much to withhold  

SECTION 15-15   VARIATION OF AMOUNTS REQUIRED TO BE WITHHELD  

15-15(1)  


The Commissioner may, for the purposes of meeting the special circumstances of a particular case or class of cases, vary the *amount required to be withheld by an entity from a *withholding payment (except a withholding payment covered by section 12-140 , 12-145 , 12-175 or 12-180 or Subdivision 12-FC or 12-H ). If the Commissioner does so, the amount is varied accordingly.
Note 1:

Section 12-140 is about a payment arising from an investment where the recipient does not quote its tax file number (or, in some cases, its ABN).

Note 2:

Sections 12-175 and 12-180 are about a payment of the income of a closely held trust to a beneficiary, where the beneficiary does not quote the beneficiary ' s tax file number.

Note 3:

Section 12-145 is about an investor becoming presently entitled to income of a unit trust.

Note 3A:

Subdivision 12-FC is about the Seasonal Labour Mobility Program.

Note 4:

Subdivision 12-H is about distributions of withholding MIT income.

15-15(2)  
The Commissioner ' s power to vary an amount includes the power to reduce the amount to nil.

15-15(3)  
A variation must be made by a written notice:


(a) if it applies to a particular entity - that is given to that entity; or


(b) if it applies to a class of entities - that is given to each of the entities, or a copy of which is published in the Gazette .




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