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 268 - Estimates and recovery of PAYG withholding liabilities and superannuation guarantee charge  

Subdivision 268-C - Liability to pay estimates  

SECTION 268-20   NATURE OF LIABILITY TO PAY ESTIMATE  

Liability to pay amount of estimate

268-20(1)  
You must pay to the Commissioner the amount of the estimate if the Commissioner gives you notice of the estimate in accordance with section 268-15 . The amount is due and payable when the Commissioner gives you the notice.

Note:

The amount of the estimate may be reduced, or the estimate revoked, under Subdivision 268-D .

Liability to pay amount of estimate is distinct from underlying liability

268-20(2)  
Your liability to pay the amount of the estimate is separate and distinct from the underlying liability. It is separate and distinct for all purposes.

Example:

The Commissioner may take:

  • (a) proceedings to recover the unpaid amount of the estimate; or
  • (b) proceedings to recover the unpaid amount of the underlying liability; or
  • (c) proceedings of both kinds.
  • Discharging one liability discharges other liabilities

    268-20(3)  
    Despite subsection (2), if, at a particular time, one of the liabilities to which this subsection applies is discharged, to the extent of an amount, for either of the following reasons, each of the other liabilities to which this subsection applies is discharged to the extent of the same amount:


    (a) an amount is paid or applied towards discharging the liability;


    (b) the liability is discharged because of section 269-40 (Effect of director paying penalty or company discharging liability).

    268-20(4)  
    Subsection (3) applies to whichever of the following liabilities are in existence at the particular time:


    (a) your liability to pay the amount of the estimate;


    (b) the underlying liability;


    (c) a liability of yours under a judgment, to the extent that it is based on a liability referred to in paragraph (a) or (b).

    268-20(5)  
    Subsection (3) does not discharge a liability to a greater extent than the amount of the liability.




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