A New Tax System (Tax Administration) Act (No. 2) 2000 (91 of 2000)
Schedule 2 Consequential and miscellaneous amendments
Part 2 Amendments applying to returns etc. for the 2000-01 year and later years
Taxation Administration Act 1953
143 Before Part 5-30 in Schedule 1
Insert:
Part 5-25 - Record-keeping and other obligations of taxpayers
Division 388 - Requirements about giving material to the Commissioner
Table of Subdivisions
388-A Object of Division
388-B General provisions
Subdivision 388-A - Object of Division
388-5 Object of Division
The object of this Division is to set out requirements to ensure the integrity and efficiency of giving material to the Commissioner.
Subdivision 388-B - General provisions
Table of sections
388-50 Approved forms
388-55 Commissioner may defer time for lodgment
388-60 Declaration by entity
388-65 Declaration by entity where agent gives document
388-70 Declaration by agent
388-75 Signing declarations
388-80 Electronic notification of BAS amounts
388-85 Truncating amounts
388-50 Approved forms
(1) A return, notice, statement, application or other document under a *taxation law is in the approved form if, and only if:
(a) it is in the form approved in writing by the Commissioner for that kind of return, notice, statement, application or other document; and
(b) it contains a declaration signed by a person or persons as the form requires (see section 388-75); and
(c) it contains the information that the form requires, and any further information, statement or document as the Commissioner requires, whether in the form or otherwise; and
(d) for a return, notice, statement, application or document that is required to be given to the Commissioner - it is given in the manner that the Commissioner requires (which may include *electronically).
(2) The Commissioner may combine in the same *approved form more than one return, notice, statement, application or other document.
(3) The Commissioner may approve a different *approved form for different entities.
Example: The Commissioner may require high wealth individuals to lodge a different income tax return to that required to be lodged by an individual whose only income is a salary.
388-55 Commissioner may defer time for lodgment
(1) The Commissioner may defer the time within which an *approved form is required to be given to the Commissioner or to another entity.
(2) A deferral under subsection (1) does not defer the time for payment of any amount to the Commissioner.
Note: Section 255-10 allows the Commissioner to defer the time for payment of an amount of a tax-related liability.
388-60 Declaration by entity
If you give a return, notice, statement, application or other document to the Commissioner in the *approved form, you must make a declaration in the approved form that any information in the document is true and correct.
388-65 Declaration by entity where agent gives document
(1) If a return, notice, statement, application or other document of yours is to be given to the Commissioner in the *approved form by an agent on your behalf, you must make a declaration in writing:
(a) stating that you have authorised the agent to give the document to the Commissioner; and
(b) declaring that any information you provided to the agent for the preparation of the document is true and correct.
(2) You must give the declaration to the agent.
(3) You must retain the declaration or a copy of it for:
(a) if you are not a *SPOR taxpayer - 5 years after it is made; or
(b) if you are a SPOR taxpayer - 2 years after it is made.
(4) You must produce the declaration or copy if requested to do so within that period by the Commissioner.
(5) The agent must not give the document to the Commissioner before you make the declaration.
(6) You must sign the declaration.
388-70 Declaration by agent
If an agent gives a return, notice, statement, application or other document to the Commissioner in the *approved form on behalf of another entity, the agent must, if the document so requires, make a declaration in the approved form stating that:
(a) the document has been prepared in accordance with the information supplied by the other entity; and
(b) the agent has received a declaration from the other entity stating that the information provided to the agent is true and correct; and
(c) the agent is authorised by the other entity to give the document to the Commissioner.
388-75 Signing declarations
(1) You must sign a declaration in a return, notice, statement, application or other document you give to the Commissioner in paper form.
(2) If your agent gives a return, notice, statement, application or other document to the Commissioner on your behalf in paper form, the document must contain:
(a) a declaration signed by you; and
(b) if the document so requires - an agent's declaration signed by your agent.
(3) Any return, notice, statement, application or other document of yours that is *lodged electronically:
(a) if you give it to the Commissioner - must contain your declaration (see section 388-60) with your *electronic signature; or
(b) if your agent gives it to the Commissioner - must contain the agent's declaration (see section 388-70) with the agent's electronic signature.
(4) Any return, notice, statement, application or other document of yours that is given by telephone:
(a) if you give it - must contain your *telephone signature; or
(b) if your agent gives it - must contain your agent's telephone signature.
388-80 Electronic notification of BAS amounts
An entity that, under section 31-25 of the *GST Act, chooses or is required to *lodge a *GST return electronically must also electronically notify the Commissioner of all other *BAS amounts whose notification is required on the same day as the GST return (ignoring any extension allowed by the Commissioner under section 31-10 of that Act or a deferral under section 388-55).
388-85 Truncating amounts
If an *approved form that you are required to give the Commissioner specifies that amounts set out in the form are to be expressed in whole dollars, you truncate the amounts to the nearest whole dollar.
Example: Stefan Pty Ltd calculates that its PAYG instalment for a quarter is $8,496.73. Because the approved form requires amounts to be truncated, the amount would be reported in its BAS as $8,496.