Taxation Administration Act 1953
SCHEDULE 1
-
COLLECTION AND RECOVERY OF INCOME TAX AND OTHER LIABILITIES
The Commissioner may require an entity that is endorsed to give the Commissioner information or a document that is relevant to the entity ' s entitlement to endorsement. The entity must comply with the requirement.(a) subsection
176-1(2)
of the GST Act; and
(b) subsections
123C(2)
,
123D(2)
and
123E(2)
of the
Fringe Benefits Tax Assessment Act 1986
; and
(c) sections
30-120
and
50-105
of the
Income Tax Assessment Act 1997
.
The requirement:
(a) is to be made by notice in writing to the entity; and
(b) may ask the entity to give the information in writing; and
(c) must specify:
The Commissioner may give the notice by way of electronic transmission. This does not limit the ways in which the Commissioner may give the notice. 426-40(4)
If the requirement is for the entity to give information in writing, the document setting out the information:
(a) must be given to the Commissioner; and
(b) may be *lodged electronically; and
(c) must be signed for the entity, or include the entity ' s *electronic signature if the document is lodged electronically.
Note: See section 3AA .
Chapter 5 - Administration
PART 5-35
-
REGISTRATION AND SIMILAR PROCESSES FOR VARIOUS TAXES
Division 426
-
Process of endorsing charities and other entities
Subdivision 426-B
-
Process of endorsement etc.
SECTION 426-40
CHECKING ENTITLEMENT TO ENDORSEMENT
426-40(1)
The Commissioner may require an entity that is endorsed to give the Commissioner information or a document that is relevant to the entity ' s entitlement to endorsement. The entity must comply with the requirement.
Note 1:
The conditions for an entity to be entitled to be endorsed are set out in:
Note 2:
Failure to comply with this subsection is an offence against section 8C. Also, the Commissioner may revoke the endorsement of the entity under section 426-55 if it fails to comply with this subsection.
Note 3:
Section 426-50 modifies the way this subsection operates in relation to partnerships and unincorporated bodies.
426-40(2)
The requirement:
(a) is to be made by notice in writing to the entity; and
(b) may ask the entity to give the information in writing; and
(c) must specify:
(i) the information or document the entity is to give; and
(ii) the period within which the entity is to give the information or document.
The period specified under subparagraph (c)(ii) must end at least 28 days after the notice is given.
426-40(3)The Commissioner may give the notice by way of electronic transmission. This does not limit the ways in which the Commissioner may give the notice. 426-40(4)
If the requirement is for the entity to give information in writing, the document setting out the information:
(a) must be given to the Commissioner; and
(b) may be *lodged electronically; and
(c) must be signed for the entity, or include the entity ' s *electronic signature if the document is lodged electronically.
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