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 2-10 - PAY AS YOU GO (PAYG) INSTALMENTS  

Division 45 - Instalment payments  

Subdivision 45-Q - General rules for consolidated groups  

Membership changes

SECTION 45-755   ENTRY RULE (FOR AN ENTITY THAT BECOMES A SUBSIDIARY MEMBER OF A CONSOLIDATED GROUP)  

45-755(1)  
Despite any other provisions in this Part, an entity is liable to pay an instalment for an *instalment quarter or income year (as appropriate) during which the entity becomes a *subsidiary member of a *consolidated group if:


(a) this Subdivision applies to the *head company of the group at any time during that quarter or year (as appropriate); and


(b) the entity would otherwise be liable to pay an instalment for that quarter or year (as appropriate) if it had not become a subsidiary member of the group; and


(c) the entity becomes a subsidiary member of the group on a day other than the first day of that quarter or the first day of that year (as appropriate).

Note:

Under paragraph (b), this section could apply to an entity that, at the time of becoming a subsidiary member of the group, was not a subsidiary member of another consolidated group, or was a member of another consolidated group but this Subdivision did not apply to the head company of that other group at that time.

Modifications for a quarterly payer who pays 4 instalments annually on the basis of GDP-adjusted notional tax

45-755(2)  
Subsections (3) and (4) apply to the entity if:


(a) the entity would have been a *quarterly payer who pays 4 instalments annually on the basis of GDP-adjusted notional tax at the end of the *instalment quarter mentioned in subsection (1) if it had not become a *subsidiary member of the group; and


(b) the amount of the instalment payable by the entity for that quarter would have been worked out under paragraph 45-112(1)(b) ; and


(c) that quarter is not the fourth instalment quarter in an income year.

45-755(3)  
For the purposes of working out the amount of the instalment payable by the entity for that *instalment quarter, subsection 45-410(5) applies to the entity as if that quarter were the fourth instalment quarter in the income year for which the entity is liable to pay an instalment.

45-755(4)  
For the purposes of working out the *acceptable amount of the entity ' s instalment for that instalment quarter, subsection 45-232(3) applies to the entity as if that quarter were the fourth instalment quarter in the income year for which the entity is liable to pay an instalment.


 

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