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 14 - Benefits, gains and taxable supplies for which amounts must be paid to the Commissioner  

Subdivision 14-D - Capital proceeds involving foreign residents and taxable Australian property  

SECTION 14-220   COMMISSIONER CLEARANCE CERTIFICATES  

14-220(1)  
The Commissioner may certify that, based on information before the Commissioner, there is nothing to suggest that an entity is or will be a foreign resident during a specified period.

Note:

Such a certificate could result in you not being required to pay an amount under this Subdivision (see subsection 14-210(2) ).

14-220(2)  
A certificate under subsection (1):


(a) may be issued on application to the Commissioner in the *approved form; and


(b) is to be in writing; and


(c) applies only for the purposes of this Subdivision.

14-220(3)  
For the purposes of (but without limiting) paragraph 388-50(1)(c) , the Commissioner may require an application for a certificate under subsection (1) to state:


(a) whether the applicant holds or will hold specified *CGT assets on behalf of another entity during any part of the period for which the certificate is sought; and


(b) whether the applicant knows or reasonably believes that the other entity is or will be a foreign resident during that period.

Note:

Section 388-50 sets out when an application is in the approved form.

14-220(4)  
A certificate issued under subsection (1) is not a legislative instrument.




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