Taxation Administration Act 1953

SCHEDULE 1 - COLLECTION AND RECOVERY OF INCOME TAX AND OTHER LIABILITIES  

Note: See section 3AA .

Chapter 2 - Collection, recovery and administration of income tax  

PART 2-5 - PAY AS YOU GO (PAYG) WITHHOLDING  

Division 12 - Payments from which amounts must be withheld  

Subdivision 12-A - General rules  

SECTION 12-1   GENERAL EXCEPTIONS  

Exempt income of recipient

12-1(1)  


An entity need not withhold an amount under section 12-35 , 12-40 , 12-45 , 12-47 , 12-50 , 12-55 , 12-60 , 12-80 , 12-85 , 12-90 , 12-120 or 12-190 from a payment if the whole of the payment is *exempt income of the entity receiving the payment. Non-assessable non-exempt income of recipient

12-1(1A)  


An entity need not withhold an amount under Subdivision 12-B , Subdivision 12-C or section 12-120 or 12-190 from a payment if the whole of the payment is not assessable income and is not *exempt income of the entity receiving the payment. Living-away-from-home allowance benefit

12-1(2)  


In working out how much to withhold under section 12-35 , 12-40 , 12-45 , 12-47 , 12-115 , 12-120 , 12-315 or 12-317 from a payment, disregard so much of the payment as is a living-away-from-home allowance benefit as defined by section 136 of the Fringe Benefits Tax Assessment Act 1986 . Expense payment benefit

12-1(3)  


In working out how much to withhold under section 12-35 , 12-40 , 12-45 , 12-47 , 12-115 , 12-120 , 12-315 or 12-317 from a payment, disregard so much of the payment as:


(a) is an expense payment benefit as defined by section 136 of the Fringe Benefits Tax Assessment Act 1986 ; and


(b) is not an exempt benefit under section 22 of that Act (about reimbursement of car expenses on the basis of distance travelled).

Capped defined benefit income stream

12-1(4)  


This section does not apply in relation to a payment if the whole of the payment is a *superannuation income stream benefit that is paid from a *capped defined benefit income stream.
Note:

For withholding amounts from a superannuation income stream, see section 12-80 .


 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.