Practice Statement Law Administration

PS LA 2011/9

The registration of entities in the ABR

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This Law Administration Practice Statement outlines the policy to be applied to the registration of entities in the Australian Business Register.

1. What is this practice statement about?

This practice statement outlines the Registrar's policy on the registration of entities^[1] in the Australian Business Register (ABR).

The Registrar registers an entity^[2] in the ABR in order to allocate a single unique identifier, the Australian Business Number (ABN), so that an entity can easily and reliably identify itself in the following circumstances:

•

to other businesses

•

to all levels of Australian government

•

for any Commonwealth purpose.^[3]

2. Who is the Registrar of the ABR?

The Commissioner of the Australian Taxation Office (ATO) is the Registrar of the ABR.^[4]

The Registrar has the general power of administration^[5] of the A New Tax System (Australian Business Number) Act 1999 (ABN Act).

3. How is an entity registered in the ABR?

The Registrar must register^[6] an entity in the ABR where the following conditions are met:

•

the entity applies in the approved form^[7]

•

the Registrar is satisfied that the entity is entitled^[8] to an ABN or is likely to be entitled by the date specified in the application

•

the Registrar is satisfied that the entity's identity and the identity of any of its associate's has been established^[9]

•

the entity is not already registered in the ABR.^[10]

The Registrar registers an entity in the ABR by allocating an ABN to the entity and by entering certain details about the entity in the ABR.^[11]

4. Who can make an application for registration in the ABR?

An entity or their agent can apply for an entity to be registered in the ABR.^[12]

An agent can either be a registered tax agent^[13] or any other person authorised by the entity to act on its behalf.

5. Our general policy about applications

Substantial completion of an approved form

The Registrar will accept an application that is substantially complete,^[14] if satisfied from the information supplied, the entity is entitled to be registered in the ABR.

Information not provided in the application

Where an entity does not provide all necessary information, the Registrar will either:

•

stop the entity proceeding any further in the online application process

•

refuse the application

•

request further information or documents within a designated timeframe.

Information provided but not accepted by the Registrar

Where an entity has provided information and documents, but the Registrar is still not satisfied that:

•

the information is true and correct

•

the identity of the entity and its associates has been established

•

the entity is entitled to an ABN,

the application will be refused.

6. What are the rules about entitlement to an ABN?

It is the entity not the enterprise^[15] that is entitled to have an ABN. For example, where an entity is carrying on more than one enterprise it is entitled to only one ABN. This ABN is the same regardless of a change in enterprise.

An ABN is not compulsory and the Registrar cannot compel an entity to register in the ABR. There may be consequences of not having an ABN, such as payments to the entity being subject to no ABN withholding tax under the Pay As You Go system.^[16]

Even where the entity is entitled to an ABN, one cannot be issued by the Registrar unless the entity has applied to be registered in the ABR.^[17]

7. Are unlawful activities considered to be an enterprise?

The Registrar cannot refuse or cancel a registration where the entity is conducting an enterprise in contravention of another law. This is because the definition of enterprise does not exclude unlawful activities.

8. Identity

The Registrar may request the entity to provide specific information or documents to establish the identity of the entity or its associates whose details were requested in the approved application form.^[18]

The application form requests but does not compel the applicant to provide the tax file number (TFN) of the entity and the TFN of any of its associates.^[19] This information is used to verify the identity of the entity and any of its associates. This occurs by matching the TFN and other personal details supplied in the application form against information held in the ATO Client Register.

Where a TFN is not supplied or cannot be matched against information held in the ATO Client Register, the Registrar requires the entity and any of its associates to produce documentation that proves their identity.

Existence of an entity

An entity is not entitled to have an ABN for a period prior to coming into existence.

For example, a company commences to exist when it is registered with the Australian Securities and Investment Commission under the Corporations Act 2001 and allocated an Australian Company Number.^[20]

9. What is the interaction between ABN and GST registration?

Where an entity applies for registration in the ABR and also applies to be registered for goods and services tax (GST), the ABN that is issued is also the GST registration number.

An entity does not have to have an ABN to obtain a GST registration. Where an entity only has a GST registration, the Registrar must record the date of effect of the GST registration and the date of effect of the GST cancellation in the ABR.

10. Minors

In the absence of evidence or facts to the contrary the Registrar accepts that a minor, aged 14 years or over, has the capacity to make decisions in relation to making an application to be registered in the ABR.

11. Can an entity with a cancelled ABN reapply to be registered in the ABR?

Where the Registrar cancels an entity's registration in the ABR the entity ceases to have an active ABN. The record remains in the ABR and displays the date of effect of cancellation of the registration.

In the future the entity may wish to reapply for their ABN. To do so, they need to:

•

lodge a new application to be registered in the ABR

•

establish their identity and that of their associates

•

establish their entitlement to an ABN.

Once the Registrar is satisfied the entity can be registered in the ABR the previously allocated ABN will be activated with a new date of effect.

12. What is the date of effect of a registration in the ABR?

The Registrar sets the date of effect of registration. It may be:

•

a date that is specified by the entity

•

a date that is determined by the Registrar.

Depending upon the circumstances of the entity the date of effect may be:

•

the date on the application

•

pre-date the application

•

be a future date (not more than six months in the future).^[21]

13. What are the factors that the Registrar takes into account when setting the date of effect?

When setting the date from which an entity is registered in the ABR, the Registrar must consider the following factors:

•

the date the entity came into existence

•

whether the entity is entitled to an ABN

•

the reasons why an entity may be requesting a date of effect that is prior to the date of its application for registration in the ABR

•

where an entity is requesting a future date for the date of effect of its registration, whether the entity would likely to be entitled to an ABN by that date

•

the date the ABN Act came into force.^[22]

Review rights

If an entity does not agree with the date of effect of its registration, it can lodge an objection against that decision.^[23]

14. Does the Registrar give a written notice of the registration?

The Registrar must give the entity a written notice^[24] that contains:

•

the fact the entity has been registered

•

the ABN of the entity

•

the date of effect of the registration

•

any other details entered in the ABR in relation to the entity.

The Registrar will send the written notice as soon as is practicable after registering an entity in the ABR.^[25]

15. What is the address for service of notices?

An entity must give the Registrar an address for service of notices. The address must be one of the following:

•

physical address

•

postal address

•

electronic address.

The Registrar may give a written notice to a registered entity at the address for service of notices held in the ABR.^[26] This may be done by:

•

delivering it to the person personally

•

leaving it at the address for service

•

sending it to the address for service via pre-paid post

•

sending it to the electronic address.

A notice that has been posted will be deemed to have been served on the entity at the time that it would be delivered in the ordinary course of the post (unless proven otherwise).

The Registrar is able to communicate electronically with an entity where the entity consents^[27] to information being given to them electronically.^[28]

16. In what circumstances does the Registrar refuse an application for registration in the ABR?

The Registrar will refuse an application for registration where:

•

the application is not in the approved form

•

the Registrar is not satisfied that the entity is entitled to an ABN or likely to be entitled by the date specified in the application

•

the Registrar is not satisfied as to the identity of the entity or its associates

•

the entity is already registered in the ABR.

17. What happens when the Registrar refuses a registration?

When the Registrar refuses a registration, the entity is:

•

not registered in the ABR

•

not issued with an ABN.

The Registrar must give the entity written notice as soon as practicable after the Registrar has refused the application. It must contain the reason for the refusal and the entity's review and objection rights.^[29]

Review rights

If an entity does not agree with the refusal decision, it can lodge an objection against that decision.^[30]

18. What happens if the Registrar does not make a decision about an application within 28 days?

Where the Registrar has not made a decision about an entity's application for registration within 28 days of the application being made, the entity may give the Registrar written notice that it wishes to treat the application as if it has been refused. The application is taken to have been refused by the Registrar on the day that the applicant gives notice to the Registrar.

This then allows the entity to object to the refusal decision.^[31]

If the Registrar requests further information or documents, the 28 day period does not include the period commencing on the day of the request and concluding on the day that the entity gives the information or documents to the Registrar.

19. More information

For more information, refer to:

•

MT 2006/1 The New Tax System: the meaning of entity carrying on an enterprise for the purposes of entitlement to an Australian Business Number

•

Proof of identity.

Amendment history

Date of Issue: 14 April 2011

Date of Effect: 14 April 2011

File

Related Rulings/Determinations:
MT 2006/1

Related Practice Statements:
PS LA 2005/9
PS LA 2011/8

Legislative References:
ANTS(ABN)A 1999
ANTS(ABN)A 1999 3
ANTS(ABN)A 1999 8
ANTS(ABN)A 1999 9
ANTS(ABN)A 1999 9(1)
ANTS(ABN)A 1999 9(2)
ANTS(ABN)A 1999 9(3)
ANTS(ABN)A 1999 10
ANTS(ABN)A 1999 10(1)(c)
ANTS(ABN)A 1999 10(1)(ca)
ANTS(ABN)A 1999 10(1)(d)
ANTS(ABN)A 1999 10(2)
ANTS(ABN)A 1999 11(1)
ANTS(ABN)A 1999 11(2)
ANTS(ABN)A 1999 11(3)
ANTS(ABN)A 1999 12
ANTS(ABN)A 1999 13(1)
ANTS(ABN)A 1999 28(2)
ANTS(ABN)A 1999 28(3)
ANTS(ABN)A 1999 41
ANTS(GST)A 1999
ANTS(GST)A 1999 9-20
ANTS(GST)A 1999 184-1
TAA 1953 Pt IVC
TAA 1953 Sch1 12-190(1)(a)
Acts Interpretation Act 1901 25C
Corporations Act 2001 118
Electronic Transactions Act 1999 9