INCOME TAX ASSESSMENT ACT 1997

CHAPTER 2 - LIABILITY RULES OF GENERAL APPLICATION  

PART 2-5 - RULES ABOUT DEDUCTIBILITY OF PARTICULAR KINDS OF AMOUNTS  

Division 26 - Some amounts you cannot deduct, or cannot deduct in full  

Operative provisions  

SECTION 26-25A   Seasonal Labour Mobility Program  

No deduction to extent amount not withheld

26-25A(1)  
You cannot deduct under this Act salary, wages, commission, bonuses or allowances from which Subdivision 12-FC in Schedule 1 to the Taxation Administration Act 1953 (about the Seasonal Labour Mobility Program) requires you to withhold an amount, to the extent that:


(a) you fail to withhold the amount; or


(b) after withholding the amount, you fail to comply with section 16-70 in that Schedule in relation to that amount.

Note:

Section 16-70 in that Schedule requires you to pay the amount to the Commissioner.

Deduction to extent amount not withheld but withholding tax paid

26-25A(2)  
You can deduct, for an income year, salary, wages, commission, bonuses or allowances to the extent that:


(a) you cannot deduct the salary, wages, commission, bonuses or allowances for that income year only because of subsection (1) of this section; and


(b) the * Seasonal Labour Mobility Program withholding tax payable for the salary, wages, commission, bonuses or allowance is paid.


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