Taxation Administration Act 1953

SCHEDULE 1 - COLLECTION AND RECOVERY OF INCOME TAX AND OTHER LIABILITIES  

Note: See section 3AA .

Chapter 5 - Administration  

PART 5-35 - REGISTRATION AND SIMILAR PROCESSES FOR VARIOUS TAXES  

Division 426 - Process of endorsing charities and other entities  

Subdivision 426-B - Process of endorsement etc.  

SECTION 426-40   CHECKING ENTITLEMENT TO ENDORSEMENT  

426-40(1)  


The Commissioner may require an entity that is endorsed to give the Commissioner information or a document that is relevant to the entity ' s entitlement to endorsement. The entity must comply with the requirement.
Note 1:

The conditions for an entity to be entitled to be endorsed are set out in:

  • (a) subsection 176-1(2) of the GST Act; and
  • (b) subsections 123C(2) , 123D(2) and 123E(2) of the Fringe Benefits Tax Assessment Act 1986 ; and
  • (c) sections 30-120 and 50-105 of the Income Tax Assessment Act 1997 .
  • Note 2:

    Failure to comply with this subsection is an offence against section 8C. Also, the Commissioner may revoke the endorsement of the entity under section 426-55 if it fails to comply with this subsection.

    Note 3:

    Section 426-50 modifies the way this subsection operates in relation to partnerships and unincorporated bodies.

    426-40(2)  
    The requirement:


    (a) is to be made by notice in writing to the entity; and


    (b) may ask the entity to give the information in writing; and


    (c) must specify:


    (i) the information or document the entity is to give; and

    (ii) the period within which the entity is to give the information or document.

    The period specified under subparagraph (c)(ii) must end at least 28 days after the notice is given.

    426-40(3)  
    The Commissioner may give the notice by way of electronic transmission. This does not limit the ways in which the Commissioner may give the notice.

    426-40(4)  
    If the requirement is for the entity to give information in writing, the document setting out the information:


    (a) must be given to the Commissioner; and


    (b) may be *lodged electronically; and


    (c) must be signed for the entity, or include the entity ' s *electronic signature if the document is lodged electronically.




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