Taxation Administration Act 1953
SCHEDULE 1
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COLLECTION AND RECOVERY OF INCOME TAX AND OTHER LIABILITIES
This Division applies as set out in the following table:
This Division applies in relation to an amount that the company purports to withhold under Division 12 , but is not required to withhold, as if the company were required to withhold the amount. Superannuation guarantee charge 269-10(3)
For the purposes of this Division, the company ' s superannuation guarantee charge for a * quarter under the Superannuation Guarantee (Administration) Act 1992 is treated as being payable on the day by which the company must lodge a superannuation guarantee statement for the quarter under section 33 of that Act, even if the charge is not assessed under that Act on or before that day.
This Division also applies if:
(a) a company is a company registered under the Corporations Act 2001 ; and
(b) the company is given notice of an estimate under Division 268 ; and
(c) the company is obliged to pay the amount of the estimate to the Commissioner on or before a particular day (the due day ).
If this Division applies because of subsection (4), then for the purposes of this Division:
(a) in the case of an estimate of an underlying liability referred to in paragraph 268-10(1)(a) (PAYG withholding liabilities) - the initial day is:
(b) in the case of an estimate of an underlying liability referred to in paragraph 268-10(1)(b) (superannuation guarantee charge) - the initial day is the last day of the *quarter to which the estimate relates; and
(ba) in the case of an estimate of an underlying liability referred to in paragraph 268-10(1)(c) (net amount under GST Act) - the initial day is the last day of the *tax period to which the estimate relates; and
(c) the company ' s obligation to pay the amount of the estimate is taken to have begun on the day after the initial day identified in paragraph (a) or (b) of this subsection.
For the purposes of subsection (5), assume that the underlying liability exists as identified in the notice of the estimate under section 268-15 .
Note: See section 3AA .
Chapter 4 - Generic assessment, collection and recovery rules
PART 4-15
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COLLECTION AND RECOVERY OF TAX-RELATED LIABILITIES AND OTHER AMOUNTS
Division 269
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Penalties for directors of non-complying companies
Subdivision 269-A
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Object and scope
SECTION 269-10
SCOPE OF DIVISION
269-10(1)
This Division applies as set out in the following table:
Obligations that directors must cause company to comply with | ||
Item | Column 1 | Column 2 |
This Division applies if, on a particular day (the initial day ) , a company is a company registered under the Corporations Act 2001 , and on the initial day ... | and the company is obliged to pay to the Commissioner on or before a particular day (the due day) ... | |
1 | the company withholds an amount under Division 12 | that amount in accordance with Subdivision 16-B. |
2 | the company receives an * alienated personal services payment | an amount in respect of that alienated personal services payment in accordance with Division 13 and Subdivision 16-B. |
3 | the company provides a * non-cash benefit | an amount in respect of that benefit in accordance with Subdivision 16-B. |
4 | (Repealed by No 8 of 2019) | |
5 | a * quarter ends | superannuation guarantee charge for the quarter in accordance with the Superannuation Guarantee (Administration) Act 1992 . |
6 | a *tax period ends | an *assessed net amount for the tax period in accordance with the *GST Act. |
7 | a GST instalment quarter (within the meaning of the *GST Act) ends | a GST instalment (within the meaning of the GST Act) for the quarter in accordance with the GST Act. |
269-10(2)
This Division applies in relation to an amount that the company purports to withhold under Division 12 , but is not required to withhold, as if the company were required to withhold the amount. Superannuation guarantee charge 269-10(3)
For the purposes of this Division, the company ' s superannuation guarantee charge for a * quarter under the Superannuation Guarantee (Administration) Act 1992 is treated as being payable on the day by which the company must lodge a superannuation guarantee statement for the quarter under section 33 of that Act, even if the charge is not assessed under that Act on or before that day.
Estimates
269-10(4)
This Division also applies if:
(a) a company is a company registered under the Corporations Act 2001 ; and
(b) the company is given notice of an estimate under Division 268 ; and
(c) the company is obliged to pay the amount of the estimate to the Commissioner on or before a particular day (the due day ).
269-10(5)
If this Division applies because of subsection (4), then for the purposes of this Division:
(a) in the case of an estimate of an underlying liability referred to in paragraph 268-10(1)(a) (PAYG withholding liabilities) - the initial day is:
(i) for a company that is a *medium withholder or a *small withholder on the last day of the period identified in the notice of the estimate under section 268-15 as the period to which the underlying liability relates - the last day of that period; or
(ii) for any other company - the day by which the company is obliged to pay the amount of the underlying liability to the Commissioner; and
(b) in the case of an estimate of an underlying liability referred to in paragraph 268-10(1)(b) (superannuation guarantee charge) - the initial day is the last day of the *quarter to which the estimate relates; and
(ba) in the case of an estimate of an underlying liability referred to in paragraph 268-10(1)(c) (net amount under GST Act) - the initial day is the last day of the *tax period to which the estimate relates; and
(c) the company ' s obligation to pay the amount of the estimate is taken to have begun on the day after the initial day identified in paragraph (a) or (b) of this subsection.
269-10(6)
For the purposes of subsection (5), assume that the underlying liability exists as identified in the notice of the estimate under section 268-15 .
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