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 269 - Penalties for directors of non-complying companies  

Subdivision 269-B - Obligations and penalties  

SECTION 269-30   EFFECT ON PENALTY OF DIRECTORS ' OBLIGATION ENDING BEFORE END OF NOTICE PERIOD  

269-30(1)  
Subject to subsection (2), a penalty of yours under this Division is remitted if the directors of the company stop being under the relevant obligation under section 269-15 :


(a) before the Commissioner gives you notice of the penalty under section 269-25 ; or


(b) within 21 days after the Commissioner gives you notice of the penalty under that section.

269-30(2)  


The following table has effect:


When appointing administrator or winding up company does not affect penalty
Item Column 1 Column 2 Column 3
If the company ' s obligation is to pay to the Commissioner, on or before the due day ... and, because of paragraph 269-15(2)(b) or (c) (an administrator is appointed or the company begins to be wound up), the directors stop being under the relevant obligation after ... subsection (1) does not apply ...
1 an amount in accordance with Subdivision 16-B (obligation to pay withheld amounts to the Commissioner), the last day of the 3 months after the due day, to the extent the company does not, on or before the last day mentioned in column 2, notify the Commissioner:
(a) under section 16-150 of the amount the company is obliged to pay; or
(b) under section 389-5 of the amount the company is obliged to withhold.
2 the amount of an estimate under Division 268 of a liability referred to in paragraph 268-10(1)(a) (PAYG withholding liabilities), the last day of the 3 months after the day by which the company was obliged to pay the underlying liability to which the estimate relates, to any extent.
3 superannuation guarantee charge for a * quarter, the due day, (a) if the company, on or before the last day mentioned in column 2, lodges under section 33 of the Superannuation Guarantee (Administration) Act 1992 a superannuation guarantee statement for the quarter - the extent (if any) to which the sum mentioned in paragraph 35(1)(e) of that Act is less than the amount of the superannuation guarantee charge the company is obliged to pay for the quarter; or
(b) otherwise - to any extent.
4 the amount of an estimate under Division 268 of a liability referred to in paragraph 268-10(1)(b) (superannuation guarantee charge), the day by which the company was obliged to pay the underlying liability to which the estimate relates, to any extent.
5 an *assessed net amount for a *tax period the last day of the 3 months after the due day, (a) if the company, on or before the last day mentioned in column 2, lodges its *GST return, for the tax period for the relevant *net amount - the extent (if any) to which the net amount (worked out from the information in the GST return and any other information that the company gives the Commissioner on or before that last day) is less than the company ' s assessed net amount for the tax period; or
(b) otherwise - to any extent.
6 the amount of an estimate under Division 268 of a liability referred to in paragraph 268-10(1)(c) (net amount under GST Act), the last day of the 3 months after the day by which the company was obliged to give its *GST return, for the tax period for the relevant *net amount, to the Commissioner in accordance with Division 31 of the *GST Act, to any extent.

Note 1:

An administrator of the company being appointed, or the company beginning to be wound up, after the last day mentioned in column 2 will, to the extent mentioned in column 3, have no effect on the penalty.

Note 2:

The sum mentioned in paragraph 35(1)(e) of the Superannuation Guarantee (Administration) Act 1992 is the sum of:

  • (a) the total of the company ' s individual superannuation guarantee shortfalls; and
  • (b) the company ' s nominal interest component; and
  • (c) the company ' s administration component;
  • specified in the superannuation guarantee statement.

    Note 3:

    This subsection will not affect the operation of subsection (1) in respect of penalties that relate to GST instalments.

    269-30(3)  


    If you become a director of the company during or after the 3 months mentioned in item 1, 2, 5 or 6, treat the reference in the item to the 3 months as being a reference to the 3 months after the day you become a director of the company.



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