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-C - To provide information  

To recipients of withholding payments

SECTION 16-155   ANNUAL PAYMENT SUMMARY  

16-155(1)  
Within 14 days after the end of a *financial year, an entity (the payer ) must give a *payment summary (and a copy of it) to another entity (the recipient ) if:


(a) during the year the payer made one or more *withholding payments (other than withholding payments covered by section 12-85 , 12-175 , 12-180 , 12-190 , 12-215 , 12-250 , 12-285 , 12-317 , 12-385 or 12-390 ) to the recipient; or


(b) during the year the payer received one or more withholding payments covered by section 12-215 , 12-250 or 12-285 and, in relation to each of them, the recipient is the foreign resident mentioned in the section; or


(baa) during the year the payer received one or more withholding payments covered by section 12-317 and, in relation to each of them, the recipient is the likely foreign recipient mentioned in the section; or


(ba) during the year the payer received one or more withholding payments covered by Division 13 and, in relation to each of them, an amount is included in the recipient ' s assessable income under Division 86 of the Income Tax Assessment Act 1997 ; or


(bb) because of section 86-40 of the Income Tax Assessment Act 1997 , the payer is taken to have paid salary to the recipient on the last day of the year; or


(c) the recipient is an individual and has a *reportable fringe benefits amount, for the income year ending at the end of that financial year, in respect of his or her employment (within the meaning of the Fringe Benefits Tax Assessment Act 1986 ) by the payer; or


(d) the recipient is an individual and *reportable employer superannuation contributions have been made by the payer, in respect of the individual ' s employment, during the year.

16-155(2)  
The *payment summary must cover:


(a) if paragraph (1)(a), (b) or (ba) applies - each of the *withholding payments mentioned in that paragraph, except one covered by a previous payment summary (and a copy of it) given by the payer to the recipient under section 16-160; and


(aa) if paragraph (1)(bb) applies - each of the withholding payments constituted by the salary mentioned in that paragraph, except one covered by a previous payment summary (and a copy of it) given by the payer to the recipient under section 16-160 ; and


(b) if paragraph (1)(c) applies - the *reportable fringe benefits amount, except so much of it as is covered by a previous payment summary (and a copy of it) given by the payer to the recipient under this section; and


(c) if paragraph (1)(d) applies - the total of the *reportable employer superannuation contributions, except so much of those contributions as are covered by a previous payment summary given by the payer to the recipient under section 16-160 .

Note:

A payment summary under this section will not cover amounts that an employer notifies to the Commissioner under Division 389 : see section 389-20 .

Parental leave pay or dad and partner pay paid in error

16-155(3)  


Despite subsection (2), the * payment summary must not cover a * withholding payment if:


(a) the withholding payment is a payment of an amount purported to have been paid by way of * parental leave pay or *dad and partner pay; and


(b) the amount was not lawfully so payable.

16-155(4)  


The payer must, within 28 days of becoming aware that the *payment summary covers a *withholding payment to which subsection (3) applies:


(a) give the recipient an amended payment summary that does not cover the withholding payment; or


(b) give the recipient notice in the * approved form; or


(c) give the Secretary (within the meaning of the Paid Parental Leave Act 2010 ) notice in writing that the payer does not intend to give the recipient an amended payment summary or notice under this subsection.




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