Taxation Administration Act 1953
SCHEDULE 1
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COLLECTION AND RECOVERY OF INCOME TAX AND OTHER LIABILITIES
PART 2-5
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PAY AS YOU GO (PAYG) WITHHOLDING
Division 16
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Payer
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s obligations and rights
Subdivision 16-D
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Additional rights and obligations of entity that makes a payment
SECTION 16-195
PAYER
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S RIGHT TO RECOVER AMOUNTS OF PENALTY: CERTAIN WITHHOLDING TAXES
16-195(1)
An entity that has paid an amount of penalty under section 16-30 , 16-35 or 16-40 for a *withholding payment covered by: (a) Subdivision 12-F (about a dividend, interest or royalty payment); or (aa) section 12-305 (about a departing Australia superannuation payment); or (ab) Subdivision 12-FC (about labour mobility programs); or (b) section 12-320 (about a mining payment); or (c) Subdivision 12-H (about distributions of withholding MIT income);
16-195(2)
Subsection (3) applies if an entity has paid an amount of penalty under section 12-415 to the Commissioner for a failure to give a notice, or to make details available on a website, as required by section 12-395 in relation to an amount (the relevant amount ).
16-195(3)
The entity may recover from another entity that is liable to pay *managed investment trust withholding tax in relation to an amount attributable to the relevant amount the lesser of: (a) an amount equal to the amount of that tax that the other entity is liable to pay; and (b) the amount of the penalty.
View history note
Hide history noteNote: See section 3AA .
Chapter 2 - Collection, recovery and administration of income taxAn entity that has paid an amount of penalty under section 16-30 , 16-35 or 16-40 for a *withholding payment covered by: (a) Subdivision 12-F (about a dividend, interest or royalty payment); or (aa) section 12-305 (about a departing Australia superannuation payment); or (ab) Subdivision 12-FC (about labour mobility programs); or (b) section 12-320 (about a mining payment); or (c) Subdivision 12-H (about distributions of withholding MIT income);
may recover an amount equal to the amount of penalty from the person liable to pay the *withholding tax, or *mining withholding tax, for the withholding payment.
Note:
Sections 16-30 , 16-35 and 16-40 provide for an administrative penalty for failing to comply with Division 12 or 14 .
Subsection (3) applies if an entity has paid an amount of penalty under section 12-415 to the Commissioner for a failure to give a notice, or to make details available on a website, as required by section 12-395 in relation to an amount (the relevant amount ).
The entity may recover from another entity that is liable to pay *managed investment trust withholding tax in relation to an amount attributable to the relevant amount the lesser of: (a) an amount equal to the amount of that tax that the other entity is liable to pay; and (b) the amount of the penalty.
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