Taxation Administration Act 1953
SCHEDULE 1
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COLLECTION AND RECOVERY OF INCOME TAX AND OTHER LIABILITIES
You are a quarterly payer who pays on the basis of instalment income if:
(a) at the end of the *starting instalment quarter in an income year, you are not a *quarterly payer who pays on the basis of GDP-adjusted notional tax and you are not a *monthly payer or an *annual payer; or
(b) but for this section, you would be a quarterly payer who pays on the basis of GDP-adjusted notional tax at the end of the starting instalment quarter in an income year but you choose to pay quarterly instalments on the basis of your instalment income.
The starting instalment quarter in an income year (the current year ) is:
(a) if the Commissioner gives you an instalment rate for the first time during an *instalment quarter in the current year - that instalment quarter (even if it is not the first instalment quarter in the current year); or
(b) if the Commissioner has given you an instalment rate during a previous income year and your instalment rate has not been withdrawn - the first instalment quarter in the current year.
(c) (Repealed by No 78 of 2005)
You become a *quarterly payer who pays on the basis of instalment income just before the end of the *starting instalment quarter if paragraph (1)(a) or (b) is satisfied. 45-125(4)
You must make the choice mentioned in paragraph (1)(b) by notifying the Commissioner in the *approved form on or before the day on which the instalment for that quarter is due (disregarding subsection 45-112(3) ). How and when you stop being such a payer 45-125(5)
If you are a *quarterly payer who pays on the basis of instalment income because of paragraph (1)(a), you stop being such a payer at the start of the first *instalment quarter in the next income year if:
(a) at the end of that quarter, you become:
(b) at the end of the first *instalment month of that quarter, you become a *monthly payer.
Despite subsections (1) and (3), you cannot be a *quarterly payer who pays on the basis of instalment income at a time in an *instalment quarter if you are a *monthly payer at a time in the first *instalment month that ends after that quarter.
If you are a *quarterly payer who pays on the basis of instalment income because of paragraph (1)(b), you stop being such a payer at the start of the first *instalment quarter in the next income year if:
(a) you become an *annual payer at the end of that quarter; or
(b) both of the following conditions apply:
You may only make the choice mentioned in paragraph (6)(b) if you would otherwise satisfy paragraph 45-130(1)(a), (b), (c) or (d) at the end of that quarter. You must make that choice by notifying the Commissioner in the *approved form on or before the day on which the instalment for that quarter is due (disregarding subsection 45-112(3) ).
Note: See section 3AA .
Chapter 2 - Collection, recovery and administration of income tax
PART 2-10
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PAY AS YOU GO (PAYG) INSTALMENTS
Division 45
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Instalment payments
Subdivision 45-D
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Quarterly payers
SECTION 45-125
QUARTERLY PAYER WHO PAYS INSTALMENTS ON THE BASIS OF INSTALMENT INCOME
45-125(1)
You are a quarterly payer who pays on the basis of instalment income if:
(a) at the end of the *starting instalment quarter in an income year, you are not a *quarterly payer who pays on the basis of GDP-adjusted notional tax and you are not a *monthly payer or an *annual payer; or
(b) but for this section, you would be a quarterly payer who pays on the basis of GDP-adjusted notional tax at the end of the starting instalment quarter in an income year but you choose to pay quarterly instalments on the basis of your instalment income.
Note:
The entity must make the choice mentioned in paragraph (b) in accordance with subsection (4).
45-125(2)
The starting instalment quarter in an income year (the current year ) is:
(a) if the Commissioner gives you an instalment rate for the first time during an *instalment quarter in the current year - that instalment quarter (even if it is not the first instalment quarter in the current year); or
(b) if the Commissioner has given you an instalment rate during a previous income year and your instalment rate has not been withdrawn - the first instalment quarter in the current year.
(c) (Repealed by No 78 of 2005)
How and when you become such a payer
45-125(3)
You become a *quarterly payer who pays on the basis of instalment income just before the end of the *starting instalment quarter if paragraph (1)(a) or (b) is satisfied. 45-125(4)
You must make the choice mentioned in paragraph (1)(b) by notifying the Commissioner in the *approved form on or before the day on which the instalment for that quarter is due (disregarding subsection 45-112(3) ). How and when you stop being such a payer 45-125(5)
If you are a *quarterly payer who pays on the basis of instalment income because of paragraph (1)(a), you stop being such a payer at the start of the first *instalment quarter in the next income year if:
(a) at the end of that quarter, you become:
(i) a quarterly payer who pays on the basis of GDP-adjusted notional tax; or
(ii) an *annual payer; or
(b) at the end of the first *instalment month of that quarter, you become a *monthly payer.
No quarterly payer status in quarter if monthly payer in following month
45-125(5A)
Despite subsections (1) and (3), you cannot be a *quarterly payer who pays on the basis of instalment income at a time in an *instalment quarter if you are a *monthly payer at a time in the first *instalment month that ends after that quarter.
45-125(6)
If you are a *quarterly payer who pays on the basis of instalment income because of paragraph (1)(b), you stop being such a payer at the start of the first *instalment quarter in the next income year if:
(a) you become an *annual payer at the end of that quarter; or
(b) both of the following conditions apply:
(i) you choose not to be a quarterly payer who pays on the basis of instalment income;
45-125(7)
(ii) you become a *quarterly payer who pays on the basis of GDP-adjusted notional tax at the end of that quarter.
You may only make the choice mentioned in paragraph (6)(b) if you would otherwise satisfy paragraph 45-130(1)(a), (b), (c) or (d) at the end of that quarter. You must make that choice by notifying the Commissioner in the *approved form on or before the day on which the instalment for that quarter is due (disregarding subsection 45-112(3) ).
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