TD 2001/10A - Addendum
Income tax: is the payer of a payment which is subject to Pay As You Go withholding required to give the recipient of the payment a payment summary and a copy of that payment summary?
Please note that the PDF version is the authorised version of this ruling.View the consolidated version for this notice.
This Addendum amends Taxation Determination TD 2001/10 to reflect changes to the requirements for a payer entity to give the recipient of a payment a payment summary and a copy of that payment summary where the payment is covered under:
- Subdivision 12-B of Schedule 1 to the Taxation Administration Act 1953 (TAA 1953) (except sections 12-55 and 12-60);
- Subdivision 12-C of Schedule 1 to the TAA 1953 (except section 12-85); or
- Subdivision 12-D of Schedule 1 to the TAA 1953.
All of these payments are reported on the PAYG payment summary - individual non-business (NAT 0046).
Omit 'paragraph 4 below'; substitute 'paragraphs 4 and 4A of this Determination'.
After the paragraph insert:
4A. Where the payer has made a PAYG withholding from:
- a payment for works and services (under Subdivision 12-B of Schedule 1 to the TAA 1953) except where there is a voluntary agreement to withhold (under section 12-55) or the payment is made under a labour hire arrangement or is specified by the regulations (under section 12-60);
- a retirement payment or annuity (under Subdivision 12-C of Schedule 1 to the TAA 1953) except for eligible termination payments (under section 12-85); or
- a benefit or compensation payment (under Subdivision 12-D of Schedule 1 to the TAA 1953),
the Commissioner has exempted the payer from the requirement to provide the recipient of the payment with a duplicate copy of the original payment summary. The Commissioner has granted the exemption under the power contained in section 16-180 of Schedule 1 to the TAA 1953 having regard to the special circumstances of this class of cases. A copy of the notice of exemption to this effect was registered on the Federal Register of Legislative Instruments on 30 April 2007. The exemption is effective from 1 May 2007 and applies to payment summaries given on or after that date.
Omit 'paragraph 4'; substitute 'paragraphs 4 and 4A of this Determination'.
TAA 1953 Sch 1 Subdiv 12-B
TAA 1953 Sch 1 12-55
TAA 1953 Sch 1 12-60
TAA 1953 Sch 1 Subdiv 12-C
TAA 1953 Sch 1 12-85
TAA 1953 Sch 1 Subdiv 12-D
Commissioner of Taxation
4 July 2007