Taxation Administration Act 1953

SCHEDULE 1 - COLLECTION AND RECOVERY OF INCOME TAX AND OTHER LIABILITIES  

Note: See section 3AA .

Chapter 2 - Collection, recovery and administration of income tax  

PART 2-5 - PAY AS YOU GO (PAYG) WITHHOLDING  

Division 12A - Distributions by AMITs (including deemed payments)  

Subdivision 12A-A - Distributions by AMITs relating to dividend, interest and royalties  

Operative provisions

SECTION 12A-10   DEEMED PAYMENTS - NO OBLIGATION TO WITHHOLD UNDER SUBDIVISION 12-F (DIVIDEND, INTEREST AND ROYALTY PAYMENTS)  

12A-10(1)  
If the entity that receives a payment as mentioned in subsection 12-215(1) , 12-250(1) or 12-285(1) is the trustee of an *AMIT, the entity need not withhold an amount under that subsection from the payment if the payment arises because of the operation of section 12A-205 (deemed payments).

Note:

The trustee may have to pay the Commissioner an amount in respect of the deemed payment (see Subdivision 12A-C ).

12A-10(2)  
Subsection (3) applies if:


(a) the entity that receives a payment as mentioned in subsection 12-215(1) , 12-250(1) or 12-285(1) is a *custodian; and


(b) it received the payment from an *AMIT.

12A-10(3)  
The entity need not withhold an amount under that subsection from the payment mentioned in that subsection if:


(a) the payment arises because of the operation of section 12A-205 (deemed payments); or


(b) the payment is a *post-AMMA actual payment in respect of a payment that so arises.

Note:

Either or both of the trustee of the AMIT concerned and the custodian may have to pay the Commissioner an amount in respect of the deemed payment (see Subdivision 12A-C ).

12A-10(4)  
Disregard this section for the purposes of section 12A-15 .




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