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-B - Distributions by AMITs relating to Subdivision 12-H fund payments  

Operative provisions

SECTION 12A-105   DEEMED PAYMENTS - NO OBLIGATION TO WITHHOLD UNDER SUBDIVISION 12-H  

12A-105(1)  
The trustee mentioned in subsection 12-385(1) need not withhold an amount under that subsection from the payment mentioned in that subsection 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-105(2)  
The *custodian mentioned in subsection 12-390(1) need not withhold an amount under that subsection from the later payment mentioned in that subsection if:


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


(b) the later payment is a *post-AMMA actual payment in respect of a payment of a kind mentioned in paragraph (a).

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-105(3)  
The entity mentioned in subsection 12-390(4) 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 of a kind mentioned in paragraph (a).

Note:

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

12A-105(4)  
Disregard this section for the purposes of section 12-395 .




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