Taxation Administration Act 1953

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

Note: See section 3AA .

Chapter 2 - Collection, recovery and administration of income tax  

PART 2-5 - PAY AS YOU GO (PAYG) WITHHOLDING  

Division 12 - Payments from which amounts must be withheld  

Subdivision 12-FB - Payments to foreign residents etc.  

SECTION 12-319   EXEMPTIONS FROM WITHHOLDING OBLIGATIONS UNDER THIS SUBDIVISION  

12-319(1)  
The Commissioner may grant an entity an exemption in writing for the purposes of paragraphs 12-315(1)(d) and 12-317(1)(d) if the Commissioner is satisfied that:

(a) the entity has an established history of compliance with its obligations under *taxation laws; and

(b) the entity is likely to continue to comply with those obligations in the future.

12-319(2)  
The exemption is in force during the period:

(a) beginning when the Commissioner grants the exemption; and

(b) ending at the time specified in the exemption.

12-319(3)  
Without limiting the matters to which the Commissioner may have regard in deciding whether to grant an entity an exemption, the Commissioner may have regard to the following:

(a) whether the entity is or was liable to pay an instalment under Division 45 at any time in:

(i) the income year in which the exemption is proposed to be granted; and

(ii) the previous 2 income years;

(b) the amount (if any) of the entity ' s *tax-related liabilities that are currently due and payable;

(c) the extent to which the entity and its *associates (if any) have complied with their obligations under *taxation laws during:

(i) the income year in which the exemption is proposed to be granted; and

(ii) the previous 2 income years.

12-319(4)  
The Commissioner must give a copy of the exemption to the entity to which it relates.

12-319(5)  
A failure to comply with subsection (4) does not affect the validity of the exemption.