| Disclaimer This edited version has been archived due to the length of time since original publication. It should not be regarded as indicative of the ATO's current views. The law may have changed since original publication, and views in the edited version may also be affected by subsequent precedents and new approaches to the application of the law. You cannot rely on this record in your tax affairs. It is not binding and provides you with no protection (including from any underpaid tax, penalty or interest). In addition, this record is not an authority for the purposes of establishing a reasonably arguable position for you to apply to your own circumstances. For more information on the status of edited versions of private advice and reasons we publish them, see PS LA 2008/4. |
Edited version of your written advice
Authorisation Number: 1012713095799
Ruling
Subject: Document lodgment
Question
Is the director of a corporate trustee being a partner of a trust partnership authorised to sign tax documents on behalf of the partnership?
Answer
Yes.
This ruling applies for the following periods:
Year ended 30 June 2009
Year ended 30 June 2010
Year ended 30 June 2011
Year ended 30 June 2012
Year ended 30 June 2013
Year ended 30 June 2014
The scheme commenced on
1 July 2007
Relevant facts and circumstances
A corporate entity is trustee for a trust that is still active on the ASIC register. Two trusts are in partnership.
Relevant legislative provisions
Subdivision 388 of Schedule 1 of the Taxation Administration Act
Section 444-5 of Schedule 1 of the Taxation Administration Act
Section 601AA of the Corporations Act 2001
Section 601AB of the Corporations Act 2001
Section 601AD of the Corporations Act 2001
Reasons for decision
Subdivision 388 of Schedule 1 of the Taxation Administration Act (TAA) states the general obligations relating to the lodgement of partnership returns and section 444-5 of the TAA states the obligation may be discharged by any of the partners.
Therefore as the corporate entity is the trustee of one of the partners the director of that partner in the partnership may sign tax documents.
Copyright notice
© Australian Taxation Office for the Commonwealth of Australia
You are free to copy, adapt, modify, transmit and distribute material on this website as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).
