PART VIII
-
MISCELLANEOUS
SECTION 252
PUBLIC OFFICER OF COMPANY
252(1)
Every company carrying on business in Australia, or deriving in Australia income from property, shall at all times, unless exempted by the Commissioner, be represented for the purposes of this Act by a public officer duly appointed by the company or by its duly authorized agent or attorney, and with respect to every such company and public officer the following provisions shall apply:
(a)
The company, if it has not appointed a public officer before the commencement of this Act, shall appoint a public officer within three months after the commencement of this Act or after the company commences to carry on business or derive income in Australia.
(b)
The company shall keep the office of the public officer constantly filled.
(c)
No appointment of a public officer shall be deemed to be duly made until after notice thereof in writing, specifying the name of the officer and an address for service upon the officer has been given to the Commissioner.
(d)
The company shall duly appoint a public officer when and as often as such an appointment becomes necessary.
(e)
Service of any document at the address for service, or on the public officer of the company, shall be sufficient service upon the company for all the purposes of this Act or the regulations, and if at any time there is no public officer then service upon any person acting or appearing to act in the business of the company shall be sufficient.
Note:
See section
253
for alternative ways to give a notice to, or serve a process on, a company (through its officers, attorneys or agents).
(f)
The public officer shall be answerable for the doing of all such things as are required to be done by the company under this Act or the regulations, and in case of default shall be liable to the same penalties.
(g)
Everything done by the public officer which the officer is required to do in the officer
'
s representative capacity shall be deemed to have been done by the company. The absence or non-appointment of a public officer shall not excuse the company from the necessity of complying with any of the provisions of this Act or the regulations, or from any penalty for refusal or failure to comply therewith, but the company shall be liable to the provisions of this Act as if there were no requirement to appoint a public officer.
(h)
Any notice given to or requisition made upon the public officer shall be deemed to be given to or made upon the company.
(i)
Any proceedings under this Act taken against the public officer shall be deemed to have been taken against the company, and the company shall be liable jointly with the public officer for any penalty imposed upon the officer.
(j)
(Repealed by No 180 of 2012)
History
S 252(1) amended by No 180 of 2012, s 3 and Sch 6 items 17 and 18, by inserting a note at the end of para (e) and repealing para (j), applicable in relation to an act or omission by a body corporate occurring on or after 11 December 2012. Para (j) formerly read:
(j)
Notwithstanding anything contained in this section, and without in any way limiting, altering or transferring the liability of the public officer of a company, every notice, process or proceeding which under this Act or the regulations thereunder may be given to, served upon or taken against the company or its public officer may, if the Commissioner thinks fit, be given to, served upon or taken against any director, secretary or other officer of the company or any attorney or agent of the company and that director, secretary, officer, attorney or agent shall have the same liability in respect of that notice, process or proceeding as the company or public officer would have had if it had been given to, served upon, or taken against the company or public officer.
S 252(1) amended by No 41 of 2011, s 3 and Sch 5 Pt 27, by removing gender-specific language, effective 27 June 2011.
S 252(1) amended by No 123 of 1984, No 108 of 1981 and No 143 of 1965.
252(2)
A person is not capable of being a public officer of a company at a particular time unless the person:
(a)
is a natural person who has attained the age of 18 years; and
(b)
is ordinarily resident in Australia; and
(c)
is capable of understanding the nature of the person
'
s appointment as the public officer of the company.
History
S 252(2) amended by No 2 of 2015, s 3 and Sch 4 item 20, by substituting para (b), applicable to an income year, a year of income or a tax period that commences on or after 1 July 2015. Para (b) formerly read:
(b)
is ordinarily resident:
(i)
in the case of a company that:
(A)
at that time carries on business solely or principally in a prescribed Territory (in this paragraph referred to as the
"
relevant prescribed Territory
"
); or
(B)
at that time does not carry on business solely or principally in a prescribed Territory, but derived not less than 50% of its income from sources in Australia and the prescribed Territories from sources in a particular prescribed Territory (in this paragraph referred to as the
"
relevant prescribed Territory
"
) during the year immediately preceding that time;
in Australia or the relevant prescribed Territory; or
(ii)
in any other case
-
in Australia; and
S 252(2) renumbered from s 252(3) by
No 4 of 2007
, s 3 and Sch 2 item 8, effective 19 February 2007.
Former s 252(2) repealed by
No 4 of 2007
, s 3 and Sch 2 item 7, effective 19 February 2007. S 252(2) formerly read:
252(2)
A public officer of a company duly appointed under the previous Act, and holding that office at the commencement of this Act, shall be deemed to be the public officer of the company duly appointed under this Act.
S 252(3) inserted by No 123 of 1984.
252(3)
A company that contravenes paragraph (1)(d) commits, in respect of each day on which it contravenes that paragraph (including the day of a conviction of an offence against this subsection or any subsequent day), an offence punishable on conviction by a fine not exceeding 1 penalty unit.
History
S 252(3) amended by No 4 of 2016 s 3 and Sch 4 items 398 and 399, by substituting
"
paragraph (1)(d) commits
"
for
"
paragraph (1)(d) is
"
and omitting
"
guilty of
"
before
"
an offence punishable
"
, effective 10 March 2016.
S 252(3) amended by
No 143 of 2007
, s 3 and Sch 7 item 104, by substituting
"
1 penalty unit
"
for
"
$50
"
, effective 24 September 2007.
S 252(3) renumbered from s 252(4) by
No 4 of 2007
, s 3 and Sch 2 item 8, effective 19 February 2007.
S 252(4) inserted by No 123 of 1984.
252(4)
An offence under subsection (3) is an offence of strict liability.
Note:
For
strict liability
, see section
6.1
of the
Criminal Code
.
History
S 252(4) renumbered from s 252(4A) by
No 4 of 2007
, s 3 and Sch 2 item 8, effective 19 February 2007.
S 252(4A) amended by
No 4 of 2007
, s 3 and Sch 2 item 9, by substituting
"
subsection (3)
"
for
"
subsection (4)
"
, effective 19 February 2007.
S 252(4A) inserted by No 146 of 2001.
252(5)
A reference in subsection (1) (other than in paragraph (a)) to this Act or the regulations includes a reference to Part
III
of the
Taxation Administration Act 1953
to the extent to which that Part of that Act relates to this Act or the regulations.
History
S 252(5) inserted by No 123 of 1984.
252(6)
(Repealed by No 2 of 2015)
History
S 252(6) repealed by No 2 of 2015, s 3 and Sch 4 item 21, applicable to an income year, a year of income or a tax period that commences on or after 1 July 2015. S 252(6) formerly read:
252(6)
In subsection (2):
Australia
does not include a prescribed Territory.
prescribed Territory
means an external Territory referred to in subsection
7A(2)
.
S 252(6) amended by
No 4 of 2007
, s 3 and Sch 2 item 10, by substituting
"
subsection (2)
"
for
"
subsection (3)
"
, effective 19 February 2007.
S 252(6) inserted by No 123 of 1984.
SECTION 252A
PUBLIC OFFICER OF TRUST ESTATE
252A(1)
Where, at any time after the expiration of the period of 90 days after the commencement of this section:
(a)
any business of a trust estate is carried on in Australia or any income from property (not being solely income in respect of which tax is payable under Division
11A
of Part
III
) is derived by a trust estate from sources in Australia;
(b)
there is not a trustee of the trust estate who is a resident;
(c)
there is not in force in relation to the trust estate an exemption granted by the Commissioner under subsection (3); and
(d)
there is not in force in relation to the trust estate an appointment of a public officer made in accordance with subsection (5),
each person who, at that time, is a trustee of the trust estate is, in respect of each day on which the circumstances set out in paragraphs (a), (b), (c) and (d) are in existence (including the day of a conviction of an offence against this subsection or any subsequent day), guilty of an offence punishable on conviction by a fine not exceeding 1 penalty unit.
History
S 252A(1) amended by
No 143 of 2007
, s 3 and Sch 7 item 104, by substituting
"
1 penalty unit
"
for
"
$50
"
, effective 24 September 2007.
S 252A(1) amended by No 123 of 1984.
252A(1A)
An offence under subsection (1) is an offence of strict liability.
Note:
For
strict liability
, see section
6.1
of the
Criminal Code
.
History
S 252A(1A) inserted by No 146 of 2001.
252A(2)
A reference in subsection (1) to the period of 90 days after the commencement of this section shall, in the application of that subsection in relation to a trust estate that, before the commencement of this section, did not carry on any business in Australia or derive income from property (not being solely income in respect of which tax is payable under Division
11A
of Part
III
) from sources in Australia, be read as a reference to the period of 90 days after the date on which any business of the trust estate is commenced to be carried on in Australia, or the date on which the trust estate commences to derive such income from sources in Australia, whichever first occurs.
252A(2A)
A person is not capable of being a public officer of a trust estate at a particular time unless the person:
(a)
is a natural person who has attained the age of 18 years; and
(b)
is ordinarily resident in Australia; and
(c)
is capable of understanding the nature of the person's appointment as the public officer of the trust estate.
History
S 252A(2A) amended by No 2 of 2015, s 3 and Sch 4 item 22, by substituting para (b), applicable to an income year, a year of income or a tax period that commences on or after 1 July 2015. Para (b) formerly read:
(b)
is ordinarily resident:
(i)
in the case of a trust estate that:
(A)
at that time carries on its business solely or principally in a prescribed Territory (in this paragraph referred to as the ``relevant prescribed Territory''); or
(B)
at that time does not carry on its business solely or principally in a prescribed Territory, but derived not less than 50% of its income from sources in Australia and the prescribed Territories from sources in a particular prescribed Territory (in this paragraph referred to as the ``relevant prescribed Territory'') during the year immediately preceding that time,
in Australia or the relevant prescribed Territory; or
(ii)
in any other case
-
in Australia; and
S 252A(2A) inserted by No 123 of 1984.
252A(3)
The Commissioner may, by writing signed by him or her, grant to the trustee of a trust estate an exemption from the provisions of subsection (1) in relation to the trust estate.
History
S 252A(3) amended by No 41 of 2011, s 3 and Sch 5 Pt 27, by removing gender-specific language, effective 27 June 2011.
252A(4)
An exemption under subsection (3) may be granted unconditionally or on such conditions as the Commissioner thinks fit and may be granted without limitation as to time or may be granted in respect of a period specified in the exemption.
252A(5)
An appointment of a public officer of a trust estate for the purposes of this section shall be made by giving notice in writing to the Commissioner:
(a)
that is signed by a trustee of the trust estate or by a duly authorized agent or attorney of a trustee of a trust estate; and
(b)
that specifies the name of the public officer and an address in Australia for service upon the public officer of any documents that are required or permitted by or under this Act or the regulations to be served upon the public officer of the trust estate.
252A(6)
The appointment of a public officer of a trust estate ceases to be in force if the public officer dies or lodges with the Commissioner a notice of the officer's resignation as public officer of the trust estate.
History
S 252A(6) amended by No 41 of 2011, s 3 and Sch 5 Pt 27, by removing gender-specific language, effective 27 June 2011.
252A(7)
Where, by or under this Act or the regulations:
(a)
a document is permitted to be served upon or given to the trustee of a trust estate; or
(b)
a requisition is permitted or required to be made upon the trustee of a trust estate,
that document shall be deemed to have been served upon or given to the trustee if it is served upon the public officer of the trust estate or at the address for service of the public officer of the trust estate, or that requisition shall be deemed to have been made upon the trustee if it is made upon the public officer of the trust estate, as the case may be.
252A(8)
A reference in subsection (7) to the service of a document upon the public officer of a trust estate, or the making of a requisition upon the public officer of a trust estate, shall, if there is not in force an appointment under this section of a public officer in relation to the trust estate, be read as a reference to any person acting or appearing to act in the business of the trust estate.
252A(9)
The public officer of a trust estate shall be answerable for the doing of all such things as are required to be done by the trustee of the trust estate under this Act or the regulations, and in case of default shall be liable to the same penalties.
252A(10)
Where any proceedings for an offence against this Act or the regulations are taken against the public officer, those proceedings shall be deemed to have also been taken against the trustee or trustees of the trust estate and the trustee or trustees shall be liable jointly with the public officer for any penalty in respect of the offence.
252A(11)
Notwithstanding the preceding provisions of this section and without affecting any of the obligations or liabilities of the public officer of a trust estate, any notice, process or proceeding that, under this Act or the regulations, may be given to, served upon or taken against the trustee or public officer of the trust estate may, if the Commissioner thinks fit, be given to, served upon or taken against any agent or attorney of the trustee of the trust estate and that agent or attorney shall have the same liability in respect of that notice, process or proceeding as the trustee or public officer would have had if it had been given to, served upon or taken against the trustee or public officer.
252A(12)
Everything done by the public officer of a trust estate that the officer is required to do in the officer's capacity of public officer shall be deemed to have been done by the trustee of the trust estate.
History
S 252A(12) amended by No 41 of 2011, s 3 and Sch 5 Pt 27, by removing gender-specific language, effective 27 June 2011.
252A(13)
The absence or non-appointment of a public officer shall not excuse the trustee of a trust estate from the necessity of complying with any of the provisions of this Act or the regulations, or from any penalty for refusal or failure to comply with any of those provisions, but the trustee shall be liable to the provisions of this Act and the regulations as if there were no requirement to appoint a public officer.
History
S 252A(13) amended by No 123 of 1984.
252A(14)
A reference in this section to this Act or the regulations includes a reference to Part
III
of the
Taxation Administration Act 1953
to the extent to which that Part of that Act relates to this Act or the regulations.
History
S 252A(14) inserted by No 123 of 1984.
252A(15)
(Repealed by No 2 of 2015)
History
S 252A(15) repealed by No 2 of 2015, s 3 and Sch 4 item 23, applicable to an income year, a year of income or a tax period that commences on or after 1 July 2015. S 252A(15) formerly read:
252A(15)
In subsection (2A):
"Australia"
does not include a prescribed Territory;
"prescribed Territory"
means an external Territory referred to in subsection
7A(2)
.
S 252A(15) inserted by No 123 of 1984.
S 252A inserted by No 12 of 1979.
SECTION 253
253
NOTIFYING AND SERVING COMPANIES
For the purposes of this Act, or a regulation under this Act, if the Commissioner thinks fit, a notice or process may be given to, or served on, a company by giving the notice to, or serving the process on:
(a)
a director, the secretary or another officer of the company; or
(b)
an attorney or agent of the company.
Note:
See paragraph
252(1)(e)
for alternative ways to serve documents on a company (through its public officer or someone else acting or appearing to act for the company).
History
S 253 inserted by No 180 of 2012, s 3 and Sch 6 item 19, applicable in relation to an act or omission by a body corporate occurring on or after 11 December 2012.
Former s 253 repealed by No 88 of 1936.
SECTION 254
AGENTS AND TRUSTEES
254(1)
With respect to every agent and with respect also to every trustee, the following provisions shall apply:
(a)
He or she shall be answerable as taxpayer for the doing of all such things as are required to be done by virtue of this Act in respect of the income, or any profits or gains of a capital nature, derived by him or her in his or her representative capacity, or derived by the principal by virtue of his or her agency, and for the payment of tax thereon.
(b)
He or she shall in respect of that income, or those profits or gains, make the returns and be assessed thereon, but in his or her representative capacity only, and each return and assessment shall, except as otherwise provided by this Act, be separate and distinct from any other.
(c)
If he or she is a trustee of the estate of a deceased person, the returns shall be the same as far as practicable as the deceased person, if living, would have been liable to make.
(d)
He or she is hereby authorized and required to retain from time to time out of any money which comes to him or her in his or her representative capacity so much as is sufficient to pay tax which is or will become due in respect of the income, profits or gains.
(e)
He or she is hereby made personally liable for the tax payable in respect of the income, profits or gains to the extent of any amount that he or she has retained, or should have retained, under paragraph (d); but he or she shall not be otherwise personally liable for the tax.
(f)
He or she is hereby indemnified for all payments which he or she makes in pursuance of this Act or of any requirement of the Commissioner.
(g)
Where as one of 2 or more joint agents or trustees he or she pays any amount for which they are jointly liable, each other one is liable to pay him or her an equal share of the amount so paid.
(h)
For the purpose of insuring the payment of tax the Commissioner shall have the same remedies against attachable property of any kind vested in or under the control or management or in the possession of any agent or trustee, as the Commissioner would have against the property of any other taxpayer in respect of tax.
History
S 254(1) amended by No 41 of 2011, s 3 and Sch 5 Pt 27, by removing gender-specific language, effective 27 June 2011.
S 254(1) amended by No 52 of 1986 and No 108 of 1981.
254(2)
Subsection (1) applies to the following in the same way as it applies to tax:
(a)
the general interest charge under:
(i)
former section
163AA
, former section
170AA
, former subsection
204(3)
, former subsection
221AZMAA(1)
, former subsection
221AZP(1)
, former subsection
221YD(3)
or former section
221YDB
of this Act;
(ii)
section
5-15
of the
Income Tax Assessment Act 1997
;
(b)
additional tax under former Part
VII
of this Act;
(c)
shortfall interest charge.
Note 1:
The general interest charge is worked out under Part
IIA
of the
Taxation Administration Act 1953
and shortfall interest charge is worked out under Division
280
in Schedule
1
to that Act.
Note 2:
Subsection
8AAB(4)
of that Act lists the provisions that apply the general interest charge.
History
S 254(2) amended by No 8 of 2019, s 3 and Sch 8 item 34, by substituting
"
former section 163AA
"
for
"
section 163AA
"
in para (a)(i), effective 1 April 2019.
S 254(2) substituted by
No 79 of 2010
, s 3 and Sch 1 item 25, effective 1 July 2010. S 254(2) formerly read:
254(2)
In subsection (1),
"
tax
"
includes the general interest charge under section
163AA
, former section 170AA, former subsection 204(3), former subsection 221AZMAA(1), former subsection 221AZP(1), former subsection 221YD(3) or former section 221YDB, additional tax under former Part VII and shortfall interest charge.
Note 1:
The general interest charge is worked out under Part
IIA
of the
Taxation Administration Act 1953
and shortfall interest charge is worked out under Division
280
in Schedule
1
to that Act.
Note 2:
Subsection
8AAB(4)
of that Act lists the provisions that apply the general interest charge.
S 254(2) amended by
No 101 of 2006
, s 3 and Sch 2 item 1035, by omitting the reference to a repealed inoperative Division in note 1 effective 14 September 2006. For application and savings provisions see the
CCH Australian Income Tax Legislation archive
.
S 254(2) amended by
No 101 of 2006
, s 3 and Sch 2 item 432, by amending references to repealed inoperative provisions, effective 14 September 2006. For application and savings provisions see the
CCH Australian Income Tax Legislation archive
.
S 254(2) amended by No 75 of 2005, No 178 and No 11 of 1999 and No 101 of 1992.
Former s 254(2) substituted by No 123 of 1984 and inserted by No 87 of 1978.
254(3)
In paragraphs (1)(d) and (e), and in its first occurrence in paragraph (1)(h),
tax
includes, in addition to the things mentioned in subsection (2):
(a)
trustee beneficiary non-disclosure tax within the meaning of Division
6D
of Part
III
; and
(b)
general interest charge payable under section
102UP
in respect of such tax.
History
S 254(3) amended by
No 143 of 2007
, s 3 and Sch 4 item 46, by substituting
"
trustee
"
for
"
ultimate
"
in para (a), applicable to the first income year starting on or after 24 September 2007 and later income years.
S 254(3) inserted by No 43 of 2000. For application and transitional provisions, see the history note under s 102URA.
SECTION 255
PERSON IN RECEIPT OR CONTROL OF MONEY FROM NON-RESIDENT
255(1)
With respect to every person having the receipt control or disposal of money belonging to a non-resident, who derives income, or profits or gains of a capital nature, from a source in Australia or who is a shareholder, debenture holder, or depositor in a company deriving income, or profits or gains of a capital nature, from a source in Australia, the following provisions shall, subject to this Act, apply:
(a)
the person shall when required by the Commissioner pay the tax due and payable by the non-resident;
(b)
the person is hereby authorized and required to retain from time to time out of any money which comes to the person on behalf of the non-resident so much as is sufficient to pay the tax which is or will become due by the non-resident;
(c)
the person is hereby made personally liable for the tax payable by the person on behalf of the non-resident to the extent of any amount that the person has retained, or should have retained, under paragraph (b); but the person shall not be otherwise personally liable for the tax;
(d)
the person is hereby indemnified for all payments which the person makes in pursuance of this Act or of any requirement of the Commissioner.
History
S 255(1) amended by No 41 of 2011, s 3 and Sch 5 Pt 27, by removing gender-specific language, effective 27 June 2011.
S 255(1) amended by No 52 of 1986 and No 108 of 1981.
255(2)
Every person who is liable to pay money to a non-resident shall be deemed to be a person having the control of money belonging to the non-resident, and, subject to subsection (2A), all money due by the person to the non-resident shall be deemed to be money which comes to the person on behalf of the non-resident.
History
S 255(2) amended by No 41 of 2011, s 3 and Sch 5 Pt 27, by removing gender-specific language, effective 27 June 2011.
S 255(2) amended by No 154 of 1986 and No 50 of 1942.
255(2A)
For the purposes of this section, money due by a person to a non-resident from which an amount must be withheld under section
12-325
in Schedule
1
to the
Taxation Administration Act 1953
(about natural resource payments) or Subdivision
12-H
in that Schedule (about distributions to foreign residents from withholding MITs) shall be deemed not to be money which comes to the person on behalf of the non-resident.
History
S 255(2A) amended by No 53 of 2016, s 3 and Sch 6 item 18, by substituting
"
withholding MITs
"
for
"
managed investment trusts
"
, effective 5 May 2016. For application provision, see note under s
128AF
.
S 255(2A) amended by
No 79 of 2007
, s 3 and Sch 10 item 9, by inserting
"
or Subdivision 12-H in that Schedule (about distributions to foreign residents from managed investment trusts)
"
after
"
natural resource payments)
"
, applicable to the first income year starting on or after the first 1 July after the day on which
No 79 of 2007
receives the Royal Assent (ie 21 June 2007) and later income years.
S 255(2A) amended by
No 101 of 2006
, s 3 and Sch 2 item 433, by amending references to repealed inoperative provisions, effective 14 September 2006. For application and savings provisions see the
CCH Australian Income Tax Legislation archive
.
S 255(2A) amended by No 179 of 1999, No 224 of 1992 and inserted by No 154 of 1986.
255(2B)
For the purposes of subsection (2A), if an entity must pay an amount to the Commissioner under Subdivision
12A-C
in Schedule
1
to the
Taxation Administration Act 1953
in respect of money due by the entity to a non-resident, treat that amount as being an amount that must be withheld from the money under Subdivision
12-H
in that Schedule.
History
S 255(2B) inserted by No 53 of 2016, s 3 and Sch 6 item 19, effective 5 May 2016. For application provision, see note under s
128AF
.
255(3)
Where the Commonwealth, a State or an authority of the Commonwealth or a State has the receipt, control or disposal of money belonging to a non-resident, this section (other than paragraph (1)(c)) applies to and in relation to the Commonwealth, the State or the authority, as the case may be, in the same manner as it applies to and in relation to any other person.
History
S 255(3) amended by No 108 of 1981 and inserted by No 4 of 1968.
255(4)
This section applies to the following in the same way as it applies to tax:
(a)
the general interest charge under:
(i)
former section
163AA
, former section
170AA
, former subsection
204(3)
, former subsection
221AZMAA(1)
, former subsection
221AZP(1)
, former subsection
221YD(3)
or former section
221YDB
of this Act;
(ii)
section
5-15
of the
Income Tax Assessment Act 1997
;
(b)
additional tax under former Part
VII
of this Act;
(c)
shortfall interest charge.
Note 1:
The general interest charge is worked out under Part
IIA
of the
Taxation Administration Act 1953
and shortfall interest charge is worked out under Division
280
in Schedule
1
to that Act.
Note 2:
Subsection
8AAB(4)
of that Act lists the provisions that apply the general interest charge.
History
S 255(4) amended by No 8 of 2019, s 3 and Sch 8 item 34, by substituting
"
former section 163AA
"
for
"
section 163AA
"
in para (a)(i), effective 1 April 2019.
S 255(4) substituted by
No 79 of 2010
, s 3 and Sch 1 item 26, effective 1 July 2010. S 255(4) formerly read:
255(4)
In this section,
"
tax
"
includes the general interest charge under section
163AA
, former section 170AA, subsection
204(3)
, subsection
221AZMAA(1)
, former subsection 221AZP(1), former subsection 221YD(3) or former section 221YDB, additional tax under former Part VII and shortfall interest charge.
Note 1:
The general interest charge is worked out under Part
IIA
of the
Taxation Administration Act 1953
and shortfall interest charge is worked out under Division
280
in Schedule
1
to that Act.
Note 2:
Subsection
8AAB(4)
of that Act lists the provisions that apply the general interest charge.
S 255(4) amended by
No 101 of 2006
, s 3 and Sch 2 item 1036, by omitting the reference to a repealed inoperative Division in note 1, effective 14 September 2006. For application and savings provisions see the
CCH Australian Income Tax Legislation archive
.
S 255(4) amended by
No 101 of 2006
, s 3 and Sch 2 item 434, by amending references to repealed inoperative provisions, effective 14 September 2006. For application and savings provisions see the
CCH Australian Income Tax Legislation archive
.
S 255(4) amended by No 75 of 2005, No 178 and No 11 of 1999, No 101 of 1992, and inserted by No 123 of 1984.
255(5)
This section applies to an equity holder in the same way as it applies to a shareholder.
History
S 255(5) inserted by No 163 of 2001.
FORMER SECTION 256
256
PERSON PAYING ROYALTY TO A NON-RESIDENT TAXPAYER
(Repealed by No 154 of 1986)
History
Former s 256 amended by No 108 of 1981, No 4 of 1968 and No 50 of 1942.
SECTION 257
257
PAYMENT OF TAX BY BANKER
Where any income of any person out of Australia is paid, or any proceeds of the disposal of an asset of any person out of Australia are paid, into the account of that person with a banker, the Commissioner may, by notice in writing to the banker, appoint the banker to be the person's agent in respect of the money so paid so long as the banker is indebted in respect thereof, and thereupon the banker shall accordingly be that person's agent.
History
S 257 amended by No 41 of 2011, s 3 and Sch 5 Pt 27, by removing gender-specific language, effective 27 June 2011.
S 257 amended by No 52 of 1986.
History
Archived:
S 258 and 259 repealed as inoperative by
No 101 of 2006
, s 3 and Sch 1 item 166, effective 14 September 2006. For
application and savings provisions
and for former wording see the
CCH Australian Income Tax Legislation archive
. Act
No 101 of 2006
, s 3 and Sch 6 item 15 extends the operation of subsection
265-45(2)
in Schedule
1
to the
Taxation Administration Act 1953
as a consequence of the repeal of section 259 by the above item. Item 15 reads:
15 Extended operation of subsection 265-45(2) in Schedule 1 to the
Taxation Administration Act 1953
15
In addition to the operation that it has apart from this item, subsection
265-45(2)
in Schedule
1
to the
Taxation Administration Act 1953
also applies to an amount of a liability (within the meaning of that subsection) that a person pays after the repeal of section 259 of the
Income Tax Assessment Act 1936
by item 166 of Schedule 1 to this Act, if the liability arose before 1 July 2000.
SECTION 260
CONTRACTS TO EVADE TAX VOID
260(1)
[Void contracts]
Every contract, agreement, or arrangement made or entered into, orally or in writing, whether before or after the commencement of this Act, shall so far as it has or purports to have the purpose or effect of in any way, directly or indirectly:
(a)
altering the incidence of any income tax;
(b)
relieving any person from liability to pay any income tax or make any return;
(c)
defeating, evading, or avoiding any duty or liability imposed on any person by this Act; or
(d)
preventing the operation of this Act in any respect;
be absolutely void, as against the Commissioner, or in regard to any proceeding under this Act, but without prejudice to such validity as it may have in any other respect or for any other purpose.
260(2)
[Section not applicable after 27 May 1981]
This section does not apply to any contract, agreement or arrangement made or entered into after 27 May 1981.
History
S 260(2) inserted by No 110 of 1981.
FORMER SECTION 261
261
COVENANT BY MORTGAGOR TO PAY TAX
(Repealed by No 76 of 1996)
SECTION 262
262
PERIODICAL PAYMENTS IN THE NATURE OF INCOME
Where under any contract agreement or arrangement made or entered into orally or in writing, either before or after the commencement of this Act, a person assigns, conveys, transfers or disposes of any property on terms and conditions which include the payment for the assignment, conveyance, transfer or disposal of the property by periodical payments which, in the opinion of the Commissioner, are either wholly or in part really in the nature of income of that person such of those payments as are derived in the year of income shall, to the extent to which they are in that opinion in the nature of income, be included in the person's assessable income.
History
S 262 amended by No 41 of 2011, s 3 and Sch 5 Pt 27, by removing gender-specific language, effective 27 June 2011.
SECTION 262A
KEEPING OF RECORDS
262A(1)
Subject to this section, a person carrying on a business must keep records that record and explain all transactions and other acts engaged in by the person that are relevant for any purpose of this Act.
Note:
There is an administrative penalty if you do not keep or retain records as required by this section: see section
288-25
in Schedule
1
to the
Taxation Administration Act 1953
.
History
S 262A(1) amended by No 91 of 2000.
262A(1A)
Without limiting subsection
(1)
, if the person is an OBU (within the meaning of Division
9A
of Part
III
), the person must, subject to this section, maintain the same accounting records in respect of, and separately account for, money used in its OB activities (within the meaning of that Division) as it would if it were a bank conducting banking activities with another person.
History
S 262A(1A) inserted by No 191 of 1992.
262A(1AA)
Subsection
(1A)
does not require an OBU to maintain a separate nostro account or vostro account for its OBU activities. Nostro accounts and vostro accounts are accounts held or maintained by the OBU for the sole purpose of settling international transactions.
Note:
A defendant bears an evidential burden in relation to the matters in subsection
(1AA)
, see subsection
13.3(3)
of the
Criminal Code
.
History
S 262A(1AA) amended by No 146 of 2001 and inserted by No 93 of 1999.
262A(1B)
Without limiting subsection
(1)
, a foreign bank must maintain accounting records in respect of, and separately account for, money used in the activities of a permanent establishment in Australia through which the bank carries on banking business.
History
S 262A(1B) amended by No 57 of 2002 and inserted by No 138 of 1994.
262A(1BA)
Without limiting subsection
(1)
, a foreign entity (as defined in the
Income Tax Assessment Act 1997
) that is a financial entity (as defined in that Act) must maintain accounting records in respect of, and separately account for, money used in the activities of a permanent establishment in Australia of the entity.
History
S 262A(1BA) inserted by No 64 of 2005.
262A(1C)
Without limiting subsection
(1)
, if a trust is taken to be 2 separate trusts under section
50-80
of the
Income Tax Assessment Act 1997
, the trustee must maintain accounting records in respect of, and separately account for, those 2 trusts.
History
S 262A(1C) amended by No 57 of 2002 and inserted by No 174 of 1997.
262A(1D)
A taxpayer who is a full self-assessment taxpayer must:
(a)
keep a record containing particulars of the basis of the calculation of the amounts that the taxpayer specified under section
161AA
in a return for a year of income; and
(b)
produce to the Commissioner, when and as required by the Commissioner under this Act, a document containing those particulars.
History
S 262A(1D) inserted by No 91 of 2000.
262A(2)
The records to be kept under subsection
(1)
include:
(a)
any documents that are relevant for the purpose of ascertaining the person
'
s income and expenditure; and
(b)
documents containing particulars of any election, choice, estimate, determination or calculation made by the person under this Act and, in the case of an estimate, determination or calculation, particulars showing the basis on which and method by which the estimate, determination or calculation was made.
History
S 262A(2) amended by No 16 of 1998.
262A(2AAA)
Subsection
(1)
applies to a participant in a forestry managed investment scheme in relation to the scheme even if the participant is not carrying on a business in relation to the scheme.
History
S 262A(2AAA) inserted by
No 79 of 2007
, s 3 and Sch 8 item 7, applicable to amounts paid by a participant under a forestry managed investment scheme on or after 1 July 2007. However, the amendment does not apply if any other amounts were paid by the participant or any other participant under the scheme before 1 July 2007.
262A(2AAB)
Subsection
(2AAC)
applies to the forestry manager of a forestry managed investment scheme if:
(a)
the forestry manager (or an associate of the forestry manager) receives an amount under the scheme; and
(b)
the amount is included in the forestry manager
'
s (or the associate
'
s) assessable income under section
15-46
of the
Income Tax Assessment Act 1997
.
History
S 262A(2AAB) inserted by
No 79 of 2007
, s 3 and Sch 8 item 7, applicable to amounts paid by a participant under a forestry managed investment scheme on or after 1 July 2007. However, the amendment does not apply if any other amounts were paid by the participant or any other participant under the scheme before 1 July 2007.
262A(2AAC)
The records to be kept under subsection
(1)
by the forestry manager include records about the basis on which the scheme satisfies the requirement in paragraph
394-10(1)(c)
of the
Income Tax Assessment Act 1997
(the 70% DFE rule).
History
S 262A(2AAC) inserted by
No 79 of 2007
, s 3 and Sch 8 item 7, applicable to amounts paid by a participant under a forestry managed investment scheme on or after 1 July 2007. However, the amendment does not apply if any otheramounts were paid by the participant or any other participant under the scheme before 1 July 2007.
262A(2AAD)
Subsection
(1)
applies to a person who has a Division
230
financial arrangement even if the person is not carrying on a business in relation to the arrangement. However, that subsection only requires the person to keep records that, for the purposes of this Act, are relevant to the arrangement.
History
S 262A(2AAD) inserted by
No 15 of 2009
, s 3 and Sch 1 item 46, effective 26 March 2009.
262A(2AAE)
To avoid doubt, for the purposes of subsection
(4)
, if the records mentioned in that subsection relate to a Division
230
financial arrangement that a person has, the transactions or acts mentioned in that subsection are taken to be completed at:
(a)
the end of the year of income in which the person ceases to have the arrangement; or
(b)
if:
(i)
the person applies the hedging financial arrangement method in Subdivision
230-E
of the
Income Tax Assessment Act 1997
to determine the amount of one or more gains or losses the person makes from the arrangement; and
(ii)
determining the way in which those gains or losses are dealt with in accordance with subsection
230-310(4)
of that Act is possible only at a time after the end of the income year mentioned in paragraph
(a)
;
the end of the year of income in which that time occurs.
History
S 262A(2AAE) inserted by
No 15 of 2009
, s 3 and Sch 1 item 46, effective 26 March 2009.
262A(2AA)
The records to be kept under subsection
(1)
include records required to be kept for the purposes of section
820-960
,
820-980
or
820-985
of the
Income Tax Assessment Act 1997
.
History
S 262A(2AA) amended by No 23 of 2024, s 3 and Sch 2 item 1, by substituting
"
, 820-980 or 820-985
"
for
"
or 820-980
"
, effective 1 July 2024. No 23 of 2024, s 3 and Sch 2 items 144
-
146 contain the following application provisions:
144 Application
(1)
Subject to this Part, the amendments made by Part 1 of this Schedule apply in relation to assessments for income years starting on or after 1 July 2023.
(2)
However, the amendments made by that Part to section
820-980
of the
Income Tax Assessment Act 1997
do not apply in relation to records mentioned in that section (disregarding those amendments) that relate to one or more income years starting before 1 July 2023.
(3)
Despite subitem (1), Subdivision
820-EAA
of the
Income Tax Assessment Act 1997
, as inserted by Part 1 of this Schedule, applies in relation to assessments for income years starting on or after 1 July 2024.
145 Transitional
-
choice
If:
(a)
before the commencement of this Part, an entity made a choice set out in item 1 of the table in subsection
820-430(1)
of the
Income Tax Assessment Act 1997
; and
(b)
immediately before that commencement, the choice had effect;
after that commencement, the choice continues to have effect as if it were a choice set out in that item as amended by Part 1.
146 Saving
-
old law continues to apply to Australian plantation forestry entities
(1)
Despite the amendments made by Part 1 of this Schedule, the old law continues to apply in relation to assessments for income years starting on or after 1 July 2023 for entities that are Australian plantation forestry entities for a period that is all or part of the income year, as if the amendments had not been made.
(2)
In this item:
Australian plantation forestry entity
, at a particular time, means an entity that solely or predominantly carries on a business, at that time, of establishing and tending trees for felling in Australia.
old law
means the following provisions, as in force immediately before the commencement of this item:
(a)
Division
820
of the
Income Tax Assessment Act 1997
;
(b)
any other provision of that Act to the extent that it relates to that Division;
(c)
any provision in an instrument (whether legislative or administrative) made under that Act to the extent that it relates to that Division.
S 262A(2AA) amended by No 65 of 2019, s 3 and Sch 1 item 1, by substituting
"
or 820-980
"
for
"
, 820-980 or 820-985
"
, effective 1 October 2019. No 65 of 2019, s 3 and Sch 1 item 17 contains the following application and transitional provisions:
17 Revaluation of assets
(1)
The amendments made by items 1 to 3 and items 8 to 16 of this Schedule apply in relation to any of the following carried out for the purposes of Division 820 of the
Income Tax Assessment Act 1997
after 7.30 pm, by legal time in the Australian Capital Territory, on 8 May 2018 (the
transition time
):
(a)
a determination that an asset or liability is an asset or liability of an entity (including a determination that the entity has an asset or liability at a particular time);
(b)
a calculation of:
(i)
the value of an entity
'
s assets; or
(ii)
the value of an entity
'
s liabilities (including its debt capital); or
(iii)
the value of an entity
'
s equity capital.
(2)
If any of the matters mentioned in subitem (1) have been determined or calculated before the transition time:
(a)
only the most recent of those determinations or calculations that comply with Division 820 of the
Income Tax Assessment Act 1997
, as in force at the time the determination or calculation was made, may be used by the entity for the purposes of that Division on or after the transition time; and
(b)
those determinations or calculations may only be used by the entity for the purposes of Division 820 of that Act for income years beginning before 1 July 2019.
S 262A(2AA) amended by No 142 of 2003 and inserted by No 162 of 2001.
262A(2A)
If an entity is required to withhold an amount under Division
12
in Schedule
1
to the
Taxation Administration Act 1953
, or to pay an amount to the Commissioner under Division
13
or
14
of that Schedule, the entity must keep records that record and explain all transactions and other acts engaged in by the entity that are relevant for the purposes of that Schedule.
History
S 262A(2A) amended by No 86 of 2000 and inserted by No 178 of 1999.
262A(3)
A person who is required by this section to keep records must:
(a)
keep the records in writing in the English language or so as to enable the records to be readily accessible and convertible into writing in the English language; and
(b)
keep the records so as to enable the person
'
s liability under this Act to be readily ascertained; and
(c)
for records required to be kept under section
820-960
of the
Income Tax Assessment Act 1997
-
comply with the applicable provisions of that section; and
(ca)
for records required to be kept under section
230-355
of the
Income Tax Assessment Act 1997
-
comply with the applicable provisions of that section; and
(d)
for records required to be kept under section
820-980
of that Act
-
comply with subsections
(2)
and
(3)
of that section; and
(e)
for records required to be kept under section
820-985
of that Act
-
comply with subsections
(2)
and
(3)
of that section.
History
S 262A(3) amended by No 23 of 2024, s 3 and Sch 2 item 2, by inserting para (e), effective 1 July 2024. For application provisions, see note under s
262A(2AA)
.
S 262A(3) amended by No 65 of 2019, s 3 and Sch 1 items 2 and 3, by substituting
"
.
"
for
"
; and
"
in para (d) and repealing para (e), effective 1 October 2019. Para (e) formerly read:
(e)
for records required to be kept under section 820-985 of that Act
-
comply with subsections (2) and (3) of that section.
S 262A(3) amended by
No 15 of 2009
, s 3 and Sch 1 item 47, by inserting para (ca), effective 26 March 2009.
S 262A(3) amended by No 142 of 2003, No 53 of 2002 and No 162 of 2001.
262A(4)
A person who has possession of any records kept or obtained under or for the purposes of this Act must retain those records until:
(a)
in a case to which paragraph
(b)
does not apply
-
the end of 5 years after those records were prepared or obtained, or the completion of the transactions or acts to which those records relate, whichever is the later; or
(b)
if the period (in this paragraph called the
assessment period
) within which the Commissioner may, under section
170
, amend an assessment in respect of the person
'
s income of the year of income to which those records relate, or in which a transaction or act to which those records relate was completed, is extended under subsection
170(7)
:
(i)
the end of the period of 5 years referred to in paragraph
(a)
; or
(ii)
the end of the assessment period as so extended;
whichever is the later.
History
S 262A(4) amended by No 161 of 2005.
262A(4AAA)
Subsection
(4)
does not apply to any record required to be kept by a provision in Schedule
1
to the
Taxation Administration Act 1953
.
Note:
A defendant bears an evidential burden in relation to the matters in subsection (4AAA), see subsection
13.3(3)
of the
Criminal Code
.
History
S 262A(4AAA) amended by No 146 of 2001 and inserted by No 178 of 1999.
262A(4A)
A person who makes an election under subsection
371(8)
must retain the election until the end of 5 years after the election was made.
History
S 262A(4A) amended by No 15 of 2007, s 3 and Sch 1 item 123, by omitting
"
under Subdivision AAC of Division 17 of Part III as in force immediately before the day on which the
Taxation Laws Amendment Act (No 6) 1992
received the Royal Assent or
"
after
"
makes an election
"
, applicable to the 2007-2008 income year and later years.
[
CCH Note:
Taxation Laws Amendment Act (No. 6) 1992
received Royal Assent on 24 December 1992.]
S 262A(4A) relocated by No 224 of 1992.
S 262A(4A) was formerly located after s 262A(4AG).
S 262A(4A) amended by No 208 of 1992, No 216 of 1991 and inserted by No 135 of 1990.
262A(4AA)
A person who is a party to a joint election for roll-over relief made under former section 59AA, 122R, 123F, 124AO or
124W
must retain the election, or a copy, until the end of 5 years after the earlier of:
(a)
the disposal by the person of the property; or
(b)
the loss or destruction of the property.
History
S 262A(4AA) amended by No 164 of 2007, s 3 and Sch 10 item 44, by substituting
"
, 124AO or 124W
"
for
"
or 124AO or under section 124W
"
, effective 1 July 2010.
S 262A(4AA) amended by
No 101 of 2006
, s 3 and Sch 2 item 435, by amending references to repealed inoperative provisions, effective 14 September 2006. For application and savings provisions see the
CCH Australian Income Tax Legislation archive
.
S 262A(4AA) inserted by No 35 of 1992.
History
Archived:
S 262A(4AB) repealed as inoperative by
No 101 of 2006
, s 3 and Sch 1 item 167, effective 14 September 2006. For
application and savings provisions
and for former wording see the
CCH Australian Income Tax Legislation archive
.
262A(4ACA)
Subsection
(4C)
does not apply in relation to a disposal of property:
(a)
to which former subsection 58(1), 122JAA(1), 122JG(1), 123BBA(1), 123BF(1), 124AMAA(1), 124GA(1) or 124JD(1) applies; and
(b)
that occurs in the 1997-98 year of income or a later year of income.
Note:
A defendant bears an evidential burden in relation to the matters in subsection
(4ACA)
, see subsection
13.3(3)
of the
Criminal Code
.
History
S 262A(4ACA) amended by
No 101 of 2006
, s 3 and Sch 2 item 436, by amending references to repealed inoperative provisions, effective 14 September 2006. For application and savings provisions see the
CCH Australian Income Tax Legislation archive
.
S 262A(4ACA) amended by No 146 of 2001 and No 77 of 2001, inserted by No 121 of 1997.
262A(4AC)
If former subsection
58(1)
, subsection
73AA(1)
, or former subsection
122JAA(1)
,
122JG(1)
,
123BBA(1)
,
123BF(1)
,
124AMAA(1)
,
124GA(1)
,
124JD(1)
or
124PA(1)
applies to the disposal of property by the transferor referred to in that subsection to the transferee referred to in that subsection:
(a)
the transferor must give to the transferee, within the period specified in subsection
(4AD)
, a notice containing such information about the transferor
'
s holding of the property as will enable the transferee to work out how former section 58, section
73AA
, or former section 122JAA, 122JG, 123BBA, 123BF, 124AMAA, 124GA,124JD or
124PA
, as the case may be, will apply to the transferee
'
s holding of the property; and
(b)
the transferee must retain the notice, or a copy, until the end of 5 years after the earlier of:
(i)
the disposal by the person of the property; or
(ii)
the loss or destruction of the property.
[
CCH Note:
S 71(12) of No 35 of 1992 provides that a reference in s 262A to s 58 includes a reference to s 71 of that Act. For s 71 of No 35 of 1992, see note under s 58.]
History
S 262A(4AC) amended by No 93 of 2011 (as amended by No 110 of 2014), s 3 and Sch 3 items 49 and 50, by omitting
"
73E(1), 73F(1) or 73G(1)
"
and
"
73E, 73F and 73G
"
from para (a), effective 8 September 2011.
S 262A(4AC) amended by No 164 of 2007, s 3 and Sch 10 items 45 and 46, by substituting
"
or former subsection 122JAA(1), 122JG(1), 123BBA(1), 123BF(1), 124AMAA(1), 124GA(1), 124JD(1) or 124PA(1)
"
for
"
, former subsection 122JAA(1), 122JG(1), 123BBA(1), 123BF(1), 124AMAA(1), 124GA(1) or 124JD(1) or subsection 124PA(1)
"
and substituting
"
or former section 122JAA, 122JG, 123BBA, 123BF, 124AMAA, 124GA, 124JD or 124PA
"
for
"
, former section 122JAA, 122JG, 123BBA, 123BF, 124AMAA, 124GA or 124JD or section 124PA
"
, effective 1 July 2010.
S 262A(4AC) amended by
No 101 of 2006
, s 3 and Sch 2 items 437 to 438, by amending references to repealed inoperative provisions, effective 14 September 2006. For application and savings provisions see the
CCH Australian Income Tax Legislation archive
.
S 262A(4AC) amended by No 224 of 1992 and inserted by No 35 of 1992.
262A(4AD)
The notice referred to in subsection
(4AC)
must be given within 6 months after the later of the following:
(a)
the end of the year of income of the transferee in which the disposal occurred;
(b)
the commencement of subsection
(4AC)
;
or within such further period as the Commissioner allows.
History
S 262A(4AD) inserted by No 35 of 1992.
262A(4AE)
A person who made an election under former paragraph 54A(1)(a) in relation to a unit of property must retain the election, or a copy, until the end of 5 years after the earlier of:
(a)
the disposal by the person of the property; or
(b)
the loss or destruction of the property.
History
S 262A(4AE) amended by
No 101 of 2006
, s 3 and Sch 2 items 439, by amending references to repealed inoperative provisions, effective 14 September 2006. For application and savings provisions see the
CCH Australian Income Tax Legislation archive
.
S 262A(4AE) inserted by No 35 of 1992.
262A(4AF)
If:
(a)
a person (the
"
transferor
"
) disposes of, or of a lease of, any part of a building within the meaning of former Division 10C of Part III to another person (the
"
transferee
"
); and
(b)
either:
(i)
one or more deductions have been allowed to the transferor under former subsection 124ZC(2A) or (4A) in respect of qualifying hotel expenditure or qualifying apartment expenditure in respect of the building; or
(ii)
if there have been one or more prior successive owners or lessees of the building
-
one or more deductions have been allowed to any of the prior successive owners or lessees under former subsection 124ZC(2A) or (4A) in respect of qualifying hotel expenditure or qualifying apartment expenditure in respect of the building;
then:
(c)
the transferor must give to the transferee, within the period specified in subsection
(4AG)
, a notice containing such information about the transferor
'
s holding or lease of the building as will enable the transferee to work out how former Division 10C of Part III applies to the transferee
'
s holding or lease of the building; and
(d)
the transferee must retain the notice, or a copy, until the end of 5 years after the earlier of:
(i)
the transferee ceasing to be the owner or lessee of the part of the building; or
(ii)
the destruction of the building.
History
S 262A(4AF) amended by
No 101 of 2006
, s 3 and Sch 2 items 440 to 443, by amending references to repealed inoperative provisions, effective 14 September 2006. For application and savings provisions see the
CCH Australian Income Tax Legislation archive
.
S 262A(4AF) inserted by No 98 of 1992.
262A(4AG)
The notice referred to in subsection
(4AF)
must be given within 6 months after the later of the following:
(a)
the end of the year of income of the transferee in which the disposal occurred;
(b)
the commencement of subsection
(4AF)
;
or within such further period as the Commissioner allows.
History
S 262A(4AG) inserted by No 98 of 1992.
262A(4AH)
If:
(a)
a person (the
"
transferor
"
) disposes of, or of a lease of, any part of a building within the meaning of former Division 10D of Part III to another person (the
"
transferee
"
); and
(b)
either:
(i)
one or more deductions have been allowed to the transferor under former subsection 124ZH(2A) in respect of qualifying expenditure in respect of the building; or
(ii)
if there have been one or more prior successive owners or lessees of the building
-
one or more deductions have been allowed to any of the prior successive owners or lessees under former subsection 124ZH(2A) in respect of qualifying expenditure in respect of the building;
then:
(c)
the transferor must give to the transferee, within the period specified in subsection
(4AJ)
, a notice containing such information about the transferor
'
s holding or lease of the building as will enable the transferee to work out how former Division 10D of Part III applies to the transferee
'
s holding or lease of the building; and
(d)
the transferee must retain the notice, or a copy, until the end of 5 years after the earlier of:
(i)
the transferee ceasing to be the owner or lessee of the part of the building; or
(ii)
the destruction of the building.
History
S 262A(4AH) amended by
No 101 of 2006
, s 3 and Sch 2 items 444 to 447, by amending references to repealed inoperative provisions, effective 14 September 2006. For application and savings provisions see the
CCH Australian Income Tax Legislation archive
.
S 262A(4AH) inserted by No 98 of 1992.
262A(4AJ)
The notice referred to in subsection
(4AH)
must be given within 6 months after the later of the following:
(a)
the end of the year of income of the transferee in which the disposal occurred;
(b)
the commencement of subsection
(4AH)
;
or within such further period as the Commissioner allows.
History
S 262A(4AJ) inserted by No 98 of 1992.
262A(4AJA)
If:
(a)
a person (the
transferor
) disposes of capital works within the meaning of Division
43
of the
Income Tax Assessment Act 1997
, being capital works begun after 26 February 1992, to another person (the
transferee
); and
(b)
a deduction has been allowed under former Division 10C or 10D of Part III of this Act, or under Division
43
of the
Income Tax Assessment Act 1997
, in respect of those capital works;
then:
(c)
the transferor must give the transferee, within 6 months after the end of the year of income in which the disposal occurred or within a further period allowed by the Commissioner, a notice containing such information as will allow the transferee to work out how Division
43
of the
Income Tax Assessment Act 1997
will apply to the transferee in respect of the capital works; and
(d)
the transferee must retain the notice or a copy of it until the end of 5 years after the transferee disposes of the capital works or the capital works are destroyed, whichever is the earlier.
History
S 262A(4AJA) amended by
No 101 of 2006
, s 3 and Sch 2 item 448, by amending references to repealed inoperative provisions, effective 14 September 2006. For application and savings provisions see the
CCH Australian Income Tax Legislation archive
.
S 262A(4AJA) inserted by No 39 of 1997.
262A(4AK)
(Repealed by No 16 of 1999)
History
S 262A(4AK) amended by No 145 of 1995 and inserted by No 57 of 1993.
262A(4AL)
A person who makes an election in accordance with subitem 22(3), 22A(3), 23(3) or 23A(2) of the
Taxation Laws Amendment (Trust Loss and Other Deductions) Act 1998
must retain the election until the end of 5 years after the election was made.
History
S 262A(4AL) amended by No 58 of 2000 and inserted by No 17 of 1998.
262A(5)
Nothing in this section requires a person to retain records or an election where:
(a)
the Commissioner has notified the person that retention of the records or election is not required; or
(b)
the person is a company that has gone into liquidation and finally ceased to exist.
Note:
A defendant bears an evidential burden in relation to the matters in subsection
(5)
, see subsection
13.3(3)
of the
Criminal Code
.
History
S 262A(5) amended by No 41 of 2005, No 146 of 2001, No 91 of 2000 and No 135 of 1990.
262A(5A)
An offence under this section is an offence of strict liability.
Note:
For
strict liability
, see section
6.1
of the
Criminal Code
.
History
S 262A(5A) inserted by No 146 of 2001.
262A(6)
In this section:
associate
has the same meaning as in the
Income Tax Assessment Act 1997
.
History
Definition of
"
associate
"
inserted by
No 79 of 2007
, s 3 and Sch 8 item 8, applicable to amounts paid by a participant under a forestry managed investment scheme on or after 1 July 2007. However, the amendment does not apply if any other amounts were paid by the participant or any other participant under the scheme before 1 July 2007.
foreign bank
means body corporate that is a foreign ADI (authorised deposit-taking institution) for the purposes of the
Banking Act 1959
.
forestry managed investment scheme
has the same meaning as in the
Income Tax Assessment Act 1997
.
History
Definition of
"
forestry managed investment scheme
"
inserted by
No 79 of 2007
, s 3 and Sch 8 item 9, applicable to amounts paid by a participant under a forestry managed investment scheme on or after 1 July 2007. However, the amendment does not apply if any other amounts were paid by the participant or any other participant under the scheme before 1 July 2007.
forestry manager
of a forestry managed investment scheme has the same meaning as in the
Income Tax Assessment Act 1997
.
History
Definition of
"
forestry manager
"
inserted by
No 79 of 2007
, s 3 and Sch 8 item 10, applicable to amounts paid by a participant under a forestry managed investment scheme on or after 1 July 2007. However, the amendment does not apply if any other amounts were paid by the participant or any other participant under the scheme before 1 July 2007.
participant
in a forestry managed investment scheme has the same meaning as in the
Income Tax Assessment Act 1997
.
History
Definition of
"
participant
"
inserted by
No 79 of 2007
, s 3 and Sch 8 item 11, applicable to amounts paid by a participant under a forestry managed investment scheme on or after 1 July 2007. However, the amendment does not apply if any other amounts were paid by the participant or any other participant under the scheme before 1 July 2007.
S 262A(6) amended by No 91 of 2000 and inserted by No 48 of 1998.
Penalty: 30 penalty units.
Note:
See section
4AA
of the
Crimes Act 1914
for the current value of a penalty unit.
History
S 262A substituted by No 20 of 1990 and amended by No 123 of 1984, No 108 of 1981, No 51 of 1973 and No 143 of 1965.
FORMER SECTION 263
263
ACCESS TO BOOKS ETC.
(Repealed by No 2 of 2015)
History
S 263 repealed by No 2 of 2015, s 3 and Sch 2 item 26, effective 1 July 2015. S 263 formerly read:
SECTION 263 ACCESS TO BOOKS ETC.
263(1)
The Commissioner, or any officer authorized by the Commissioner in that behalf, shall at all times have full and free access to all buildings, places, books, documents and other papers for any of the purposes of this Act, and for that purpose may make extracts from or copies of any such books, documents or papers.
History
S 263(1) amended by No 41 of 2011, s 3 and Sch 5 Pt 27, by removing gender-specific language, effective 27 June 2011.
263(2)
An officer is not entitled to enter or remain on or in any building or place under this section if, on being requested by the occupier of the building or place for proof of authority, the officer does not produce an authority in writing signed by the Commissioner stating that the officer is authorized to exercise powers under this section.
History
S 263(2) inserted by No 62 of 1987.
263(3)
The occupier of a building or place entered or proposed to be entered by the Commissioner, or by an officer, under subsection (1) shall provide the Commissioner or the officer with all reasonable facilities and assistance for the effective exercise of powers under this section.
Penalty: 30 penalty units.
Note:
See section
4AA
of the
Crimes Act 1914
for the current value of a penalty unit.
History
S 263(3) amended by No 91 of 2000 and inserted by No 62 of 1987.
FORMER SECTION 264
264
COMMISSIONER MAY REQUIRE INFORMATION AND EVIDENCE
(Repealed by No 2 of 2015)
History
S 264 repealed by No 2 of 2015, s 3 and Sch 2 item 26, effective 1 July 2015. S 264 formerly read:
SECTION 264 COMMISSIONER MAY REQUIRE INFORMATION AND EVIDENCE
264(1)
The Commissioner may by notice in writing require any person, whether a taxpayer or not, including any officer employed in or in connexion with any department of a Government or by any public authority:
(a)
to furnish the Commissioner with such information as the Commissioner may require; and
(b)
to attend and give evidence before the Commissioner or before any officer authorized by the Commissioner in that behalf concerning the person
'
s or any other person
'
s income or assessment, and may require the person to produce all books, documents and other papers whatever in the person
'
s custody or under the person
'
s control relating thereto.
History
S 264(1) amended by No 41 of 2011, s 3 and Sch 5 Pt 27, by removing gender-specific language, effective 27 June 2011.
264(2)
The Commissioner may require the information or evidence to be given on oath or affirmation and either verbally or in writing, and for that purpose the Commissioner or the officers so authorized by the Commissioner may administer an oath or affirmation.
History
S 264(2) amended by No 41 of 2011, s 3 and Sch 5 Pt 27, by removing gender-specific language, effective 27 June 2011.
S 264(2) amended by No 41 of 1998.
264(3)
The regulations may prescribe scales of expenses to be allowed to persons required under this section to attend.
FORMER SECTION 264AA
264AA
REPORTING TO AGRICULTURE SECRETARY
(Repealed by
No 79 of 2010
)
History
S 264AA repealed by
No 79 of 2010
, s 3 and Sch 4 item 35, applicable to assessments for: (a) the 2010-11 income year; and (b) later income years. S 264AA formerly read:
SECTION 264AA REPORTING TO AGRICULTURE SECRETARY
Financial institution to provide quarterly information
264AA(1)
A financial institution that, at the end of any month in a quarter beginning on 1 January, 1 April, 1 July or 1 October in any year (including a quarter in which this section commences), holds any farm management deposit must, within 60 days after the end of the quarter, give the information in subsection (2) in writing to the Agriculture Secretary.
Penalty: 10 penalty units.
History
S 264AA(1) amended by No 88 of 2009, s 3 and Sch 5 item 112, by substituting
"
Agriculture Secretary
"
for
"
Secretary to the Department of Primary Industries and Energy
"
, effective 18 September 2009.
264AA(1A)
An offence under subsection (1) is an offence of strict liability.
Note:
For
strict liability
, see section
6.1
of the
Criminal Code
.
History
S 264AA(1A) inserted by No 146 of 2001.
Information required
264AA(2)
The information is:
(a)
the number of farm management deposits held at the end of each month in the quarter; and
(b)
the number of depositors in respect of such deposits at the end of each month in the quarter; and
(c)
the sum of the balances of such deposits at the end of each month in the quarter; and
(d)
subject to subsection (3), any other information, in relation to farm management deposits held by the institution at any time in the quarter, that is required by the regulations for the purposes of this section.
Regulations not to require identity of depositor
264AA(3)
The regulations must not, for the purposes of this section, require information that discloses the identity of a depositor or from which the identity could reasonably be inferred.
264AA(4)
The expressions
depositor
,
farm management deposit
and
financial institution
have the same meanings as in Schedule
2G
.
S 264AA inserted by No 85 of 1998.
FORMER SECTION 264A
264A
OFFSHORE INFORMATION NOTICES
(Repealed by No 8 of 2019)
History
S 264A repealed by No 8 of 2019, s 3 and Sch 8 item 12, effective 1 April 2019. S 264A formerly read:
SECTION 264A OFFSHORE INFORMATION NOTICES
264A(1)
Where the Commissioner has reason to believe that:
(a)
information relevant to the assessment of a taxpayer is:
(i)
within the knowledge (whether exclusive or otherwise) of a person outside Australia; or
(ii)
recorded (whether exclusively or otherwise) in a document outside Australia; or
(iii)
kept (whether exclusively or otherwise) by means of a mechanical, electronic or other device outside Australia; or
(b)
documents relevant to the assessment of a taxpayer are outside Australia (whether or not copies are in Australia or, if the documents are copies of other documents, whether or not those other documents are in Australia);
the Commissioner may, by notice in writing served on the taxpayer (which notice is in this section called the
offshore information notice
), request the taxpayer:
(c)
to give to the Commissioner, within the period and in the manner specified in the offshore information notice, any such information; or
(d)
to produce to the Commissioner, within the period and in the manner specified in the offshore information notice, any such documents; or
(e)
to make copies of any such documents and to produce to the Commissioner, within the period and in the manner specified in the offshore information notice, those copies.
264A(2)
The period specified in the offshore information notice must end 90 days after the date of service of the notice.
264A(3)
Upon written application made by the taxpayer within the period specified in the offshore information notice, the Commissioner may, by notice in writing served on the taxpayer, extend the period specified in the offshore information notice.
264A(4)
Where:
(a)
an application under subsection (3) is made before the end of the period specified in the offshore information notice; and
(b)
at the end of the period, the Commissioner has not notified the taxpayer of the Commissioner's decision on the application;
the following provisions have effect:
(c)
the Commissioner is taken to have extended the period under subsection (3) to the end of the day (in this subsection called the
decision day
) on which the Commissioner's decision is notified to the taxpayer;
(d)
if the Commissioner decides to extend the period
-
the extended period must end after the decision day.
264A(5)
A reference in this section (other than subsection (3)) to the period specified in the offshore information notice is a reference to the period as extended under subsection (3).
264A(6)
Where:
(a)
an offshore information notice (in this subsection called the
first notice
) was served on a taxpayer; and
(b)
during the period specified in the first notice (including a period specified by virtue of one or more previous applications of this subsection), another offshore information notice (which other notice is in this subsection called the
subsequent notice
) is served on the taxpayer; and
(c)
the subsequent notice is expressed to be by way of variation of the first notice;
the following provisions have effect:
(d)
the request, or each of the requests, set out in the subsequent notice is taken, for the purposes of subsections (10), (11) and (14), to have been set out in the first notice;
(e)
if the period specified in the first notice would, apart from this subsection, end before the end of the period specified in the subsequent notice
-
the period specified in the first notice is taken to have been extended under subsection (3) to the end of the period specified in the subsequent notice.
264A(7)
The Commissioner may, by notice in writing served on the taxpayer, vary the offshore information notice by:
(a)
reducing its scope; or
(b)
correcting a clerical error or obvious mistake;
and, if the Commissioner does so, a reference in this section to the offshore information notice is to be read as a reference to the notice as so varied.
264A(8)
The Commissioner may withdraw an offshore information notice.
264A(9)
If the Commissioner withdraws an offshore information notice, nothing in this section prevents the Commissioner giving another offshore information notice in substitution, in whole or in part, for the withdrawn notice.
264A(10)
If the taxpayer refuses or fails to comply with the request or requests set out in the offshore information notice, then, except with the consent of the Commissioner:
(a)
if the information or documents to which the request or requests apply are only relevant to one issue concerning the assessment of the taxpayer:
(i)
where the request, or any of the requests, apply to information
-
the information is not admissible in proceedings disputing the taxpayer's assessment; or
(ii)
where the request, or any of the requests, apply to documents
-
neither the documents, nor any secondary evidence of the documents, are admissible in proceedings disputing the taxpayer's assessment; or
(b)
if:
(i)
the information or documents to which the request or requests apply are relevant to 2 or more issues concerning the assessment of the taxpayer; and
(ii)
the refusal or failure of the taxpayer relates to information or documents that are relevant to any or all of those issues;
the following provisions have effect:
(iii)
where the request, or any of the requests, apply to information
-
the information, to the extent to which it is relevant to the issue or issues mentioned in subparagraph (ii), is not admissible in proceedings disputing the taxpayer's assessment;
(iv)
where the request, or any of the requests, apply to documents
-
neither:
(A)
the documents, to the extent to which they are relevant to the issue or issues mentioned in subparagraph (ii); nor
(B)
secondary evidence of the documents, to the extent to which the secondary evidence is relevant to the issue or issues mentioned in subparagraph (ii);
are admissible in proceedings disputing the taxpayer's assessment.
264A(11)
Without limiting the power conferred by subsection (10), where:
(a)
the taxpayer refuses or fails to comply with the request or requests set out in the offshore information notice; and
(b)
the refusal or failure of the taxpayer relates to some, but not all, of the information or documents to which the request or requests apply and that are relevant to a particular issue concerning the assessment of the taxpayer;
the Commissioner, in exercising that power, must have regard to whether there is reason to believe that, because of the absence of that information or those documents, the remaining information or documents that are relevant to that issue are, or are likely to be, misleading.
264A(12)
The Commissioner, in exercising the power conferred by subsection (10), must ignore the consequences (whether direct or indirect) of an obligation arising under a law of, or of a part of, a foreign country, in so far as that obligation relates to the secrecy of information or documents.
264A(13)
In spite of anything in this section, the Commissioner must give a consent under subsection (10) in any case where a refusal would have the effect, for the purposes of the Constitution, of making any taxor penalty incontestable.
264A(14)
Where, before the commencement of the hearing of proceedings disputing the taxpayer's assessment, the Commissioner forms both of the following views:
(a)
the view that the taxpayer has refused or failed to comply with the request or requests set out in the offshore information notice;
(b)
the view that the Commissioner is unlikely to give a consent under subsection (10) in relation to that request or those requests and in relation to those proceedings;
the Commissioner must serve on the taxpayer a notice in writing setting out those views.
264A(15)
A failure to comply with subsection (14) does not affect the validity of a decision under subsection (10).
264A(16)
A reference in this section to a refusal or failure of a taxpayer to comply with a request includes a reference to a refusal or failure resulting from the taxpayer being incapable of complying with the request.
264A(17)
A reference in this section to proceedings disputing the taxpayer's assessment is a reference to proceedings before a court or the Tribunal arising out of, or relating to, an objection against the assessment.
264A(18)
Nothing in this Act precludes an offshore information notice from being set out in the same document as a notice under section
353-10
in Schedule
1
to the
Taxation Administration Act 1953
.
History
S 264A(18) amended by No 2 of 2015, s 3 and Sch 2 item 27, by substituting
"
section 353-10 in Schedule 1 to the
Taxation Administration Act 1953
"
for
"
section 264
"
, effective 1 July 2015.
264A(19)
An offshore information notice must set out the effect of subsection (10).
264A(20)
A failure to comply with subsection (19) does not affect the validity of the offshore information notice.
264A(21)
A request under this section is not taken to be a requirement for the purposes of any other provision of this Act or of any provision of the
Taxation Administration Act 1953
.
264A(22)
A refusal or failure to comply with a request set out in an offshore information notice is not an offence.
264A(23)
The express references in this section to documents do not imply that references to documents in any other provision of this Act, or in a provision of the
Taxation Administration Act 1953
, do not have the meaning given by the definition of
document
in section
2B
of the
Acts Interpretation Act 1901
.
History
S 264A(23) amended by No 46 of 2011, s 3 and Sch 2 item 691, by substituting
"
the definition of
document
in section 2B
"
for
"
section 25
"
, effective 27 December 2011. For saving and transitional provisions see note under s
109CA(6)
.
264A(24)
Nothing in this section affects the operation of section
353-10
in Schedule
1
to the
Taxation Administration Act 1953
and nothing in that section affects the operation of this section.
History
S 264A(24) amended by No 2 of 2015, s 3 and Sch 2 item 28, by substituting
"
section 353-10 in Schedule 1 to the
Taxation Administration Act 1953
and nothing in that section
"
for
"
section 264 and nothing in section 264
"
, effective 1 July 2015.
S 264A inserted by No 5 of 1991.
FORMER SECTION 264B
264B
NOTICES ETC. TO BE SIGNED
(Repealed by No 91 of 2000)
History
S 264B inserted by No 174 of 1997.
SECTION 264BB
COMMISSIONER MAY REQUIRE PRIVATE HEALTH INSURERS TO PROVIDE INFORMATION
264BB(1)
The Commissioner may, by notice in writing, require a private health insurer to provide information relevant to the operation of this Act about each person who is covered at any time during a financial year specified in the notice by a complying health insurance policy issued by the insurer or who paid premiums under such a policy.
History
S 264BB(1) amended by No 32 of 2007, s 3 and Sch 3 items 4 and 5 by substituting
"
private health insurer
"
for
"
health fund
"
and
"
a complying health insurance policy issued by the insurer
"
for
"
an appropriate private health insurance policy issued by the fund
"
, effective 1 July 2007.
264BB(2)
The information that the Commissioner may require the private health insurer to provide includes the following:
(a)
the name, address and date of birth of each person mentioned in subsection (1);
(b)
the membership number of the policy;
(c)
the name, address and date of birth of any spouse of a person covered by the policy (other than a spouse permanently living separately and apart from the person);
(d)
whether the policy covers hospital treatment, general treatment or both;
(e)
the date on which the policy was issued;
(f)
whether the policy has terminated or been suspended, and, if it has, the date on which it terminated or was suspended;
(g)
the amount of the premium payable under the policy;
(ga)
whether the premium has been reduced under section 23-1 of the
Private Health Insurance Act 2007
, and if so, the amount of the reduction;
(gb)
the name, address and date of birth of a participant (within the meaning of the
Private Health Insurance Act 2007
) in the premiums reduction scheme (within the meaning of that Act) in respect of the policy;
(gc)
whether the premium has been increased in accordance with Division 34 of the
Private Health Insurance Act 2007
, and if so, the amount of the increase;
(h)
the period to which the premium relates;
(i)
any increase or decrease in the premium;
(j)
whether a payment in respect of a premium that was due within a period specified by the Commissioner was not paid.
History
S 264BB(2) amended by No 105 of 2013, s 3 and Sch 1 item 3, by inserting para (gc), effective 1 July 2013.
S 264BB(2) amended by No 26 of 2012, s 3 and Sch 1 item 2, by inserting para (ga) and (gb), applicable in relation to premiums, and amounts in respect of premiums, paid on and after 1 July 2012.
S 264BB(2) substituted by No 32 of 2007, s 3 and Sch 3 item 6, effective 1 July 2007. S 264BB(2) formerly read:
264BB(2)
The information that the Commissioner may require the health fund to provide includes the following:
(a)
the name, address and date of birth of each such person;
(b)
the fund membership number of the policy;
(c)
the name, address and date of birth of the person covered by the policy whom the health fund treats as the contributor in respect of the policy;
(d)
the name, address and date of birth of any person who is a partner of a person covered by the policy;
(e)
whether the policy provides hospital cover, ancillary cover or combined cover;
(f)
the date on which the policy was issued;
(g)
whether the policy has terminated or been suspended, and, if it has, the date on which it terminated or was suspended;
(h)
the amount of the premium under the policy:
(i)
the period to which the premium relates;
(j)
any increase or decrease in the premium;
(k)
whether a payment in respect of a premium that was due within a period specified by the Commissioner was not paid.
264BB(3)
The information required by a notice under subsection (1) is to be provided:
(a)
in a form (including an electronic form) approved by the Commissioner; and
(b)
within the period specified in the notice.
264BB(4)
[Interpretation]
In this section, the following terms have the same meanings as in the
Private Health Insurance Act 2007
:
complying health insurance policy
|
general treatment
|
hospital treatment
|
private health insurer
|
History
S 264BB(4) substituted by No 32 of 2007, s 3 and Sch 3 item 7, effective 1 July 2007. S 264BB(4) formerly read:
264BB(4)
In this section, the following terms have the same meanings as in the
Private Health Insurance Incentives Act 1998
:
ancillary cover
appropriate private health insurance policy
combined cover
health fund
hospital cover
partner
S 264BB inserted by No 128 of 1998.
FORMER SECTION 264C
264C
TAXPAYER MAY DIRECT PAYMENTS TO SPECIFIED ACCOUNTS
(Repealed by No 91 of 2000)
History
S 264C inserted by No 174 of 1997.
History
Archived:
S 264CA repealed as inoperative by
No 101 of 2006
, s 3 and Sch 1 item 168, effective 14 September 2006. For
application and savings provisions
and for former wording see the
CCH Australian Income Tax Legislation archive
.
FORMER SECTION 265
265
RELEASE OF TAXPAYERS FROM LIABILITY IN CASES OF HARDSHIP
(Repealed by No 67 of 2003)
SECTION 265A
RELEASE OF LIABILITY OF MEMBERS OF THE DEFENCE FORCE ON DEATH
265A(1)
[Amount of liability to be released]
Subject to subsection (2), where, in respect of the income of any year of income, income tax is payable by the trustee of the estate of a deceased person who has been a member of the Defence Force, the trustee shall, by force of this section, be released from the payment of so much of that tax as remains after deducting any tax deductions unapplied:
(a)
where the assessable income of the year of income consists solely of pay and allowances earned as a member of the Defence Force
-
from the amount of income tax so payable by the trustee; or
(b)
where the assessable income of the year of income includes income other than such pay and allowances:
(i)
from the amount of income tax so payable by the trustee; or
(ii)
from the amount by which the income tax payable in respect of the income of the year of income has been increased by the inclusion of such pay and allowances in the assessable income of that year,
whichever is the less.
History
S 265A(1) amended by No 108 of 1981, No 87 of 1978 and No 4 of 1945 and inserted by No 3 of 1944.
265A(2)
[Refund]
Nothing in subsection (1) shall be construed so as to authorize or require the Commissioner to refund any amount paid as or for income tax by or on behalf of the taxpayer or his trustee.
History
S 265A(2) amended by No 108 of 1981 and inserted by No 3 of 1944.
265A(3)
[Dependants]
The provisions of subsection (1) do not apply in any case where the death of the taxpayer has occurred in circumstances (including the circumstances of his or her service) in which the Commonwealth would not be liable to pay pensions or compensation:
(a)
under Part II or IV of the
Veterans
'
Entitlements Act 1986
to the dependants of deceased members of the Forces or veterans; or
(b)
mentioned in paragraph 234(1)(b) of the
Military Rehabilitation and Compensation Act 2004
to the wholly dependent partners of deceased members (within the meaning of that Act).
History
S 265A(3) substituted by No 52 of 2004 and amended by No 173 of 1985 (as amended by No 49 of 1986), No 51 of 1973, No 98 of 1962 and No 101 of 1956 and inserted by No 3 of 1944.
265A(4)
[Rights of dependants]
Any decision of an authority constituted under the
Repatriation Act 1920-1962
on any question affecting the right of any dependants of a deceased member of the Forces to a pension under that Act or under the
Repatriation (Far East Strategic Reserve) Act 1956-1962
or the
Repatriation (Special Overseas Service) Act 1962
, or any decision of an authority constituted under the
Veterans
'
Entitlements Act 1986
on a question affecting the right of a dependant of a deceased veteran to a pension under Part II or IV of that Act, or any decision of the Military Rehabilitation and Compensation Commission established under section 361 of the
Military Rehabilitation and Compensation Act 2004
on a question affecting the right of a dependant of a deceased member (within the meaning of that Act) to compensation under Chapter 5 of that Act, in respect of his or her death shall, so long as that decision has not been reversed or overruled, be conclusive evidence of the matters of fact or law so decided for the purposes of the application of subsection (3) in relation to that deceased member of the Forces.
History
S 265A(4) amended by No 52 of 2004, No 173 of 1985 (as amended by No 49 of 1986), No 108 of 1981, No 98 of 1962 and No 101 of 1956 and inserted by No 3 of 1944.
265A(5)
[``tax deductions unapplied'']
In this section:
tax deductions unapplied
, in relation to a deceased person, means the total of any amounts withheld under paragraph 12-45(1)(c) in Schedule
1
to the
Taxation Administration Act 1953
from amounts earned by the deceased person as a member of the Defence Force where:
(a)
the amounts have not been credited in payment of income tax; and
(b)
the Commissioner has not made a payment in respect of them.
History
Archived:
Definition of
"
tax deductions unapplied
"
substituted by
No 101 of 2006
, s 3 and Sch 2 item 449, effective 14 September 2006. For
application and savings provisions
and for former wording see the
CCH Australian Income Tax Legislation archive
.
265A(6)
(Omitted by No 73 of 1989)
History
Former s 265A(6) amended by No 108 of 1981 and inserted by No 87 of 1978.
265A(7)
(Omitted by No 73 of 1989)
History
Former s 265A(7) inserted by No 87 of 1978.
SECTION 265B
NOTICES IN RELATION TO CERTAIN SECURITIES
265B(1)
Subject to subsection (2), for the purposes of this section:
(a)
expressions used in this section that are also used in Division
16E
of Part
III
have the same respective meanings as in that Division; and
(b)
sections
159GV
(other than subsection
159GV(2)
) and
159GZ
apply as if references in those sections to
"
this Division
"
were references to
"
section 265B
"
.
265B(2)
Subsection (1) applies as if paragraph (c) of the definition of
"
qualifying security
"
in subsection
159GP(1)
were omitted.
265B(3)
The holder of a security may apply at any time to the issuer for a notice under this section in relation to the security.
History
S 265B(3) amended by No 47 of 2016, s 3 and Sch 6 item 14, by omitting
"
, not being a prescribed security within the meaning of section 26C,
"
after
"
holder of a security
"
, applicable in respect of securities issued on or after 6 May 2016. For savings provisions, see note under Pt III Div 3 Subdiv
CB
heading.
265B(4)
Where the issuer of a security receives an application under subsection (3) in relation to the security, the issuer shall within 21 days of receipt of the application issue a notice in writing to the applicant, expressed to be issued under this section and identifying the security, that states that the notice was issued at a specified time on a specified date and:
(a)