Taxation Administration Act 1953
Hide history note
View history noteSch 1 inserted by No 178 of 1999 (as amended by No 179 of 1999 and No 44 of 2000).
Note: See section 3AA .
Chapter 3 - Collection, recovery and administration of other taxesCh 3 inserted by No 73 of 2006 , s 3 and Sch 5 item 41, effective 1 July 2006.
Pt 3-18 inserted by No 134 of 2024, s 3 and Sch 1 item 35, effective 11 December 2024 and applicable in relation to Fiscal Years starting on or after 1 January 2024. No 134 of 2024, s 3 and Sch 1 item 69 contain the following transitional provisions:
that, apart from this subitem, would be due and payable before 30 June 2026 is due and payable on 30 June 2026.
69 Transitional provisions
-
due date for returns and amounts
(1)
Despite subsections
127-60(1)
and
(2)
in Schedule
1
to the
Taxation Administration Act 1953
, a GloBE Information Return, Australian IIR
/
UTPR tax return or Australian DMT tax return that, apart from this subitem, would be required to be given to the Commissioner no later than a particular time occurring before 30 June 2026 is required to be given to the Commissioner no later than 30 June 2026.
(2)
Despite subsections
127-70(1)
,
(2)
,
(3)
and
(4)
in Schedule
1
to the
Taxation Administration Act 1953
, an amount of:
(a)
Australian IIR
/
UTPR tax or Australian DMT tax (including extra such tax resulting from the amendment of an assessment); or
(b)
shortfall interest charge payable under section
280-102E
;
Application
128-20(1)
This section applies in relation to a * GloBE partnership that is not : (a) a * GloBE Joint Venture of an * Applicable MNE Group; or (b) a * GloBE JV Subsidiary of a GloBE Joint Venture of an Applicable MNE Group.
Obligations
128-20(2)
Subject to subsection (3) , if an obligation is imposed under the * Minimum Tax law on the * GloBE partnership, the obligation is imposed on each partner of the GloBE partnership, but may be discharged by any such partner.
Liabilities to pay an amount
128-20(3)
If an amount is payable under the * Minimum Tax law by the * GloBE partnership, the partners of the GloBE partnership are jointly and severally liable to pay the amount.
Offences
128-20(4)
Any offence against the * Minimum Tax law that is committed by the * GloBE partnership is taken to have been committed by each partner of the GloBE partnership.
128-20(5)
In a prosecution of an entity for an offence that the entity is taken to have committed because of subsection (4) , it is a defence if the entity proves that the entity: (a) did not aid, abet, counsel or procure the relevant act or omission; and (b) was not in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the entity).
Note 1:
The defence in subsection (5) does not apply in relation to offences under Part 2.4 of the Criminal Code .
Note 2:
A defendant bears a legal burden in relation to the matters in subsection (5) : see section 13.4 of the Criminal Code .
Meaning of GloBE partnership
128-20(6)
A GloBE partnership is a partnership (within the meaning of paragraph 13(1)(b) of the * Minimum Tax Act).
128-20(7)
To avoid doubt, section 94K of the Income Tax Assessment Act 1936 (about corporate limited partnerships) does not apply in relation to this section.
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