The Commissioner may, for the purposes of meeting the special circumstances of a particular case or class of cases, vary the *amount required to be withheld by an entity from a *withholding payment (except a withholding payment covered by section 12-140 , 12-145 , 12-175 or 12-180 or Subdivision 12-FC or 12-H ). If the Commissioner does so, the amount is varied accordingly.

Note 1:

Section 12-140 is about a payment arising from an investment where the recipient does not quote its tax file number (or, in some cases, its ABN).

Note 2:

Sections 12-175 and 12-180 are about a payment of the income of a closely held trust to a beneficiary, where the beneficiary does not quote the beneficiary ' s tax file number.

Note 3:

Section 12-145 is about an investor becoming presently entitled to income of a unit trust.

Note 3A:

Subdivision 12-FC is about the Seasonal Labour Mobility Program.

Note 4:

Subdivision 12-H is about distributions of withholding MIT income.

View history note

History

S 15-15(1) amended by No 53 of 2016, s 3 and Sch 6 item 54, by substituting " withholding MIT " for " managed investment trust " in note 4, effective 5 May 2016. For application provision, see note under Division 12A heading.

S 15-15(1) amended by No 58 of 2012, s 3 and Sch 1 items 13 and 14, by inserting " 12-FC or " and note 3A, effective 21 June 2012.

S 15-15(1) amended by No 75 of 2010 , s 3 and Sch 2 items 7 and 8, by substituting " , 12-145, 12-175 or 12-180 " for " or 12-145 " and substituting the note, applicable to income of a trust of an income year starting on or after 1 July 2010. The note formerly read:

Note:

Section 12-140 is about a payment arising from an investment where the recipient does not quote its tax file number (or, in some cases, its ABN). Section 12-145 is about an investor becoming presently entitled to income of a unit trust. Subdivision 12-H is about distributions of managed investment trust income.

S 15-15(1) amended by No 32 of 2008 , s 3 and Sch 1 item 29, by substituting " Subdivision 12-H is about distributions of managed investment trust income " for " Subdivision 12-H is about distributions to foreign residents from managed investment trusts (except dividends, interest and royalties) " , applicable to fund payments made in relation to the first income year starting on or after the first 1 July after 23 June 2008 and later income years.

S 15-15(1) amended by No 79 of 2007 , s 3 and Sch 10 items 16 and 17, by inserting " or Subdivision 12-H " and " Subdivision 12-H is about distributions to foreign residents from managed investment trusts (except dividends, interest and royalties). " at the end of note, applicable to the first income year starting on or after the first 1 July after the day on which No 79 of 2007 receives the Royal Assent (ie 21 June 2007) and later income years.

15-15(2)
The Commissioner ' s power to vary an amount includes the power to reduce the amount to nil.

15-15(3)
A variation must be made:

(a) if it applies to a particular entity - by a written notice given to that entity; or

(b) if it applies to a class of entities - by legislative instrument.

View history note

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Taxation Administration Act 1953

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