Taxation Administration Act 1953
SCHEDULE 1
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COLLECTION AND RECOVERY OF INCOME TAX AND OTHER LIABILITIES
If:
(a) but for Subdivision 45-Q , a *subsidiary member of a *consolidated group would be liable to pay an instalment for an *instalment quarter of the subsidiary member that includes the starting time; and
(b) that quarter starts before the start of the instalment quarter of the *head company of the group that includes the starting time;
If:
(a) but for Subdivision 45-Q , a *subsidiary member of a *consolidated group would be liable to pay an annual instalment for an income year of the subsidiary member that includes the starting time; and
(b) that year ends before the end of the income year of the *head company of the group that includes the starting time;
The amount of the instalment must be worked out on the following assumptions:
(a) that the *instalment quarter or income year of the *subsidiary member (as appropriate) consists only of the period that is the part of the quarter or year occurring before the starting time;
(b) that an amount required to be worked out for the purpose of determining the *instalment income of the subsidiary member for that period is worked out under section 45-855 .
For the purposes of this section, the starting time is the time at which Subdivision 45-Q starts to apply to the *head company of the group because of subsection 45-705(2) or subparagraph 45-705(3)(c)(ii), (4)(d)(ii) or (iv) .
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-R
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Special rules for consolidated groups
Operative provisions
SECTION 45-860
MEMBER HAVING A DIFFERENT INSTALMENT PERIOD
Different instalment period
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instalment quarter
45-860(1)
If:
(a) but for Subdivision 45-Q , a *subsidiary member of a *consolidated group would be liable to pay an instalment for an *instalment quarter of the subsidiary member that includes the starting time; and
(b) that quarter starts before the start of the instalment quarter of the *head company of the group that includes the starting time;
then, despite section 45-710 , the subsidiary member is liable to pay an instalment for that quarter.
Different instalment period
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income year
45-860(2)
If:
(a) but for Subdivision 45-Q , a *subsidiary member of a *consolidated group would be liable to pay an annual instalment for an income year of the subsidiary member that includes the starting time; and
(b) that year ends before the end of the income year of the *head company of the group that includes the starting time;
then, despite section 45-710 , the subsidiary member is liable to pay an instalment for that year.
Assumptions for working out amount of instalment
45-860(3)
The amount of the instalment must be worked out on the following assumptions:
(a) that the *instalment quarter or income year of the *subsidiary member (as appropriate) consists only of the period that is the part of the quarter or year occurring before the starting time;
(b) that an amount required to be worked out for the purpose of determining the *instalment income of the subsidiary member for that period is worked out under section 45-855 .
45-860(4)
For the purposes of this section, the starting time is the time at which Subdivision 45-Q starts to apply to the *head company of the group because of subsection 45-705(2) or subparagraph 45-705(3)(c)(ii), (4)(d)(ii) or (iv) .
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