Income Tax Assessment Act 1936
PART VA
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TAX FILE NUMBERS
Division 4B
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Quotation of tax file numbers in connection with certain closely held trusts
SECTION 202DR
EFFECT OF INCORRECT QUOTATION OF TAX FILE NUMBER
Commissioner may notify trustee of correct tax file number
202DR(1)
The Commissioner may notify the trustee of the beneficiary ' s correct tax file number if the Commissioner is satisfied that: (a) the tax file number quoted to the trustee:
202DR(2)
The notice given under subsection (1) is taken to have taken effect on the day on which the cancelled, withdrawn or otherwise wrong tax file number was quoted to the trustee as mentioned in paragraph (1)(a) .
202DR(3)
On and from the day on which the notice given under subsection (1) took effect, the beneficiary is taken to have quoted the beneficiary's correct tax file number to the trustee.
Commissioner must notify trustee if beneficiary does not have a tax file number etc
202DR(4)
If: (a) the Commissioner is satisfied that the tax file number quoted to the trustee:
202DR(5)
The Commissioner must give the beneficiary a copy of the notice given under subsection (4) , together with a written statement of the reasons for the decision to give the notice.
202DR(6)
The notice given under subsection (4) takes effect on the day specified in the notice, being a day not earlier than the day on which the copy of the notice is given to the beneficiary.
202DR(7)
On and from the day on which the notice given under subsection (4) takes effect, the beneficiary is taken not to have quoted the beneficiary's tax file number to the trustee.
View history note
Hide history noteCommissioner may notify trustee of correct tax file number
202DR(1)
The Commissioner may notify the trustee of the beneficiary ' s correct tax file number if the Commissioner is satisfied that: (a) the tax file number quoted to the trustee:
(i) has been cancelled or withdrawn since it was quoted; or
(b) having regard to the information (if any) that the Commissioner has recorded for the tax file number quoted to the trustee, another number is the tax file number of the beneficiary; and (c) it is reasonable to notify the trustee of the correct tax file number in the circumstances.
(ii) is otherwise wrong; and
202DR(2)
The notice given under subsection (1) is taken to have taken effect on the day on which the cancelled, withdrawn or otherwise wrong tax file number was quoted to the trustee as mentioned in paragraph (1)(a) .
202DR(3)
On and from the day on which the notice given under subsection (1) took effect, the beneficiary is taken to have quoted the beneficiary's correct tax file number to the trustee.
Commissioner must notify trustee if beneficiary does not have a tax file number etc
202DR(4)
If: (a) the Commissioner is satisfied that the tax file number quoted to the trustee:
(i) has been cancelled or withdrawn since it was quoted; or
(b) the Commissioner is not satisfied that:
(ii) is for any other reason not the beneficiary's tax file number; and
(i) having regard to the information (if any) that the Commissioner has recorded for the tax file number quoted to the trustee, another number is the tax file number of the beneficiary; or
(ii) it is reasonable to notify the trustee of the correct tax file number under subsection (1) ; or
(iii) the beneficiary has a tax file number;
the Commissioner must give the trustee written notice accordingly.
202DR(5)
The Commissioner must give the beneficiary a copy of the notice given under subsection (4) , together with a written statement of the reasons for the decision to give the notice.
202DR(6)
The notice given under subsection (4) takes effect on the day specified in the notice, being a day not earlier than the day on which the copy of the notice is given to the beneficiary.
202DR(7)
On and from the day on which the notice given under subsection (4) takes effect, the beneficiary is taken not to have quoted the beneficiary's tax file number to the trustee.
Note:
The trustee may be required to withhold an amount from a payment to the beneficiary if the beneficiary has not quoted the beneficiary's tax file number to the trustee at the time the payment is made: see sections 12-175 and 12-180 in Schedule 1 to the Taxation Administration Act 1953 .
As such, the trustee may be required to withhold if a notice under subsection (4) of this section is in effect on the day on which the payment is made.
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