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A New Tax System (Tax Administration) Bill (No. 2) 2000
Schedule 2 Consequential and miscellaneous amendments

   

Part 1 General

A New Tax System (Australian Business Number) Act 1999

1  Section 41 (definition of electronic signature )

Repeal the definition, substitute:

electronic signature has the meaning given by subsection 995-1(1) of the Income Tax Assessment Act 1997 .

A New Tax System (Tax Administration) Act 1999

1A  At the end of subitem 2(3) of Schedule 2

Add:

             ; and (c)  a proceeding to recover an amount of a tax-related liability that became due and payable before 1 July 2000 if the proceeding commences on or after that day, as if it were a proceeding commenced under that section.

Diesel and Alternative Fuels Grants Scheme Act 1999

2  Section 5

Insert:

general interest charge means the charge worked out under Division 1 of Part IIA of the Taxation Administration Act 1953 .

3  Subsections 27(2), (3), (4), (5) and (9)

Repeal the subsections, substitute:

             (2)  If an amount of a designated scheme debt that is payable by you remains unpaid after the day by which it must be paid, you are liable, by way of penalty, to pay the general interest charge on the unpaid amount.

             (3)  You are liable to pay the charge for each day in the period that:

                     (a)  started at the beginning of the day on which the amount becomes due to be paid; and

                     (b)  finishes at the end of the last day at the end of which any of these remains unpaid:

                              (i)  the unpaid amount;

                             (ii)  general interest charge on the unpaid amount.

4  Sections 28, 29, 30, 31, 32 and 33

Repeal the sections.

5  Subsection 47(5)

Omit “10 penalty units”, substitute “30 penalty units”.

6  Subsection 47(5) (note)

Omit “Note”, substitute “Note 1”.

7  At the end of subsection 47(5)

Add:

Note 2:       See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

Fringe Benefits Tax Assessment Act 1986

8  Subsection 101(4)

Repeal the subsection.

8A  Paragraph 112(4)(b)

Omit “90%”, substitute “85%”.

9  Before section 114

Insert:

113A   Part to stop applying

                   This Part does not apply to a return or information relating to the year of tax starting on 1 April 2001 or a later year of tax.

Note:          See instead Part 4-25 in Schedule 1 to the Taxation Administration Act 1953 .

10  Section 119

Repeal the section, substitute:

Note:          Section 251L of the Income Tax Assessment Act 1936 prohibits a person from charging a fee for doing things under this Act on behalf of someone else unless the person is a registered tax agent or is excluded by that section.

11  Subsection 127(3) (penalty)

Repeal the penalty, substitute:

Penalty:  30 penalty units.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

12  Subsection 132(5) (penalty)

Repeal the penalty, substitute:

Penalty:  30 penalty units.

Note 1:       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 .

Note 2:       See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

Income Tax Assessment Act 1936

13  Subsection 6(1)

Insert:

approved form has the meaning given by section 388-50 in Schedule 1 to the Taxation Administration Act 1953 .

14  Subsection 16(6)

Omit “in the manner and form prescribed”, substitute “in the approved form”.

15  At the end of subsection 98A(2)

Add:

Note:          See Division 3A of Part IIB and section 39 of the Taxation Administration Act 1953 for the rules about how the Commissioner must pay the entity. Division 3 of Part IIB allows the Commissioner to apply the amount owing as a credit against tax debts that the entity owes to the Commonwealth.

16  At the end of subsection 102AAZG(1)

Add:

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 .

17  Subsection 102AAZG(2)

Omit “$3,000”, substitute “30 penalty units”.

18  At the end of subsection 102AAZG(2)

Add:

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

19  Before section 160ARXA

Insert:

160ARWA   Division to stop applying

                   This Division does not apply to a return or information relating to a franking year starting on or after 1 July 2000.

Note:          See instead Part 4-25 in Schedule 1 to the Taxation Administration Act 1953 .

20  At the end of section 163A

Add:

           (10)  This section does not apply to a return for the 2000-01 year of income or a later year of income.

Note:          See instead Division 286 in Schedule 1 to the Taxation Administration Act 1953 .

21  At the end of section 163B

Add:

           (11)  This section does not apply to a return for the 2000-01 year of income or a later year of income.

Note:          See instead Division 286 in Schedule 1 to the Taxation Administration Act 1953 .

22  Subsections 170(6A) and (6B)

Repeal the subsections, substitute:

       (6AA)  An application for amendment must be in the approved form.

23  At the end of section 170AA

Add:

           (15)  This section does not apply to amendments relating to the 2000-01 year of income or a later year of income.

24  Section 170B

Repeal the section.

25  Paragraph 172(1)(b)

Repeal the paragraph, substitute:

                     (b)  the Commissioner must apply the amount of any tax overpaid in accordance with Divisions 3 and 3A of Part IIB of the Taxation Administration Act 1953 .

26  Subsection 221AZKD(3) (definition of approved form)

Omit “subsection 995-1(1) of the Income Tax Assessment Act 1997 ”, substitute “section 388-50 in Schedule 1 to the Taxation Administration Act 1953 ”.

27  Paragraph 222AJA(3)(a)

Omit “the estimate”, substitute “the underlying liability”.

28  Before section 222A

Insert:

222AA   Part to stop applying

                   This Part does not apply to statements made, or schemes entered into, in relation to the 2000-01 year of income or a later year of income.

Note:          See instead Division 284 in Schedule 1 to the Taxation Administration Act 1953 .

29  Section 226A

Repeal the section.

30  Paragraph 226Z(b)

Repeal the paragraph, substitute:

                     (b)  the taxpayer voluntarily tells the Commissioner in writing about the shortfall or part before the earlier of:

                              (i)  the day the Commissioner informs the taxpayer that a tax audit relating to the taxpayer in respect of the year was to be carried out; or

                             (ii)  if the Commissioner has made a public statement requesting taxpayers to make a voluntary disclosure by a particular day about a scheme or transaction that applies to the taxpayer’s financial affairs—before that day;

31  Section 251A

Insert:

BAS provisions has the meaning given by subsection 995-1(1) of the Income Tax Assessment Act 1997 .

32  Section 251A

Insert:

BAS service has the meaning given by section 251L.

33  Section 251A

Insert:

taxation law means an Act of which the Commissioner has the general administration, or regulations under such an Act, but does not include:

                     (a)  Customs Acts as defined in section 4 of the Customs Act 1901 ; or

                     (b)  Excise Acts as defined in section 4 of the Excise Act 1901 ; or

                     (c)  the Diesel and Alternative Fuels Grants Scheme Act 1999 ; or

                     (d)  a sales tax law as defined in section 5 of the Sales Tax Assessment Act 1992 ; or

                     (e)  A New Tax System (Goods and Services Tax Transition) Act 1999 .

34  Subsections 251L(1), (2), (3) and (4)

Repeal the subsections, substitute:

             (1)  Subject to this section, a person who is not a registered tax agent must not knowingly or recklessly demand or receive any fee for:

                     (a)  preparing or lodging on behalf of a taxpayer a return, notice, statement, application or other document about the taxpayer’s liabilities under a taxation law; or

                     (b)  giving advice about a taxation law on behalf of a taxpayer; or

                     (c)  preparing or lodging on behalf of a taxpayer an objection under Part IVC of the Taxation Administration Act 1953 against an assessment, determination, notice or decision under a taxation law; or

                     (d)  applying for a review of, or instituting an appeal against, a decision on such an objection; or

                     (e)  on behalf of a taxpayer, dealing with the Commissioner or a person who is exercising powers or performing functions under a taxation law.

Penalty:  200 penalty units.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

35  At the end of section 251L

Add:

             (6)  Subsection (1) does not apply to the provision of a BAS service on behalf of a taxpayer by:

                     (a)  a member (except a student member or retired member) of a recognised professional association; or

                     (b)  a bookkeeper working under the direction of a registered tax agent; or

                     (c)  where the BAS service is under Part 2-5 in Schedule 1 to the Taxation Administration Act 1953 —a person who provides payroll services to an employer; or

                     (d)  where a BAS service relates to imports or exports to which an indirect tax law (within the meaning of Part VI of the Taxation Administration Act 1953 ) applies—a customs broker licensed under Part XI of the Customs Act 1901 .

             (7)  A BAS service is any of these:

                     (a)  preparing or lodging an approved form about a taxpayer’s liabilities, obligations or entitlements under a BAS provision;

                     (b)  giving advice about a BAS provision;

                     (c)  dealing with the Commissioner or a person who is exercising powers or performing functions under a taxation law in relation to a BAS provision.

             (8)  Subsection (1) does not apply to the provision of any of these services on behalf of a taxpayer by a barrister or solicitor who is acting in the course of his or her profession:

                     (a)  preparing or lodging a notice, application or other document about the taxpayer’s liabilities under a taxation law;

                     (b)  giving advice about a taxation law;

                     (c)  preparing or lodging an objection under Part IVC of the Taxation Administration Act 1953 against an assessment, determination, notice or decision under a taxation law;

                     (d)  applying for a review of, or instituting an appeal against, a decision on such an objection or undertaking any litigation or proceedings about a taxation law;

                     (e)  while acting for a trust or a deceased estate for which the barrister or solicitor is the trustee or legal personal representative, preparing or lodging a return or statement about the trust’s or estate’s liabilities, obligations or entitlements under a taxation law;

                      (f)  dealing with the Commissioner or a person who is exercising powers or performing functions under a taxation law about any of the matters specified in paragraphs (a) to (e).

             (9)  A member of a recognised professional association can provide BAS services through an entity for:

                     (a)  if the member is a partner in a partnership—the partnership; or

                     (b)  if the member is a director or employee of a company—the company.

           (10)  A defendant does not bear an evidential burden in relation to a matter specified in subsection (6) or (8).

36  After section 251L

Insert:

251LA   Recognised professional associations

             (1)  A recognised professional association is an organisation that:

                     (a)  meets the requirements in subsections (2) to (10); or

                     (b)  is a charitable institution or a public educational institution:

                              (i)  that meets the requirements in subsections (2) to (4); and

                             (ii)  whose income is exempt from income tax under section 50-5 of the Income Tax Assessment Act 1997 ; and

                            (iii)  whose sole or principal activity is providing education, training and information about taxation.

             (2)  The organisation must:

                     (a)  be administered by a committee of management elected by and accountable to its members; and

                     (b)  not be carried on for profit or gain (excluding a reasonable salary or honorarium) to:

                              (i)  an office holder of the organisation; or

                             (ii)  its members; or

                            (iii)  members of bodies ( member bodies ) that are its members; and

                            (iv)  any person who is a member of that committee of management.

             (3)  The individuals who are members of that committee must be of good fame, integrity and character.

             (4)  The organisation must have at least 1,000 financial members who have the right to vote at meetings of the organisation.

             (5)  An individual or member body must not be eligible for membership of the organisation unless the individual, or each individual who is a member of the member body (except a student member), has completed the requirements for:

                     (a)  a diploma or certificate in accounting from a college or institute of technical and further education involving at least 2 years’ full time, or 4 years’ part time, study; or

                     (b)  an Australian tertiary qualification in accountancy involving at least 3 years’ full time, or 6 years’ part time, study; or

                     (c)  some other similar qualification, or exemption from qualification, acceptable to the organisation; or

                     (d)  admission as a legal practitioner in Australia.

             (6)  Under the rules of the organisation, individuals who are its members or members of its member bodies and who carry on a profession must:

                     (a)  be subject to rules controlling their conduct in the practice of that profession; and

                     (b)  be subject to discipline for breaches of those rules; and

                     (c)  be required to undertake at least 15 hours of continuing professional education in each year (unless exempted in special circumstances); and

                     (d)  if they are permitted by that organisation to be in public practice—have professional indemnity insurance.

             (7)  The organisation must have in place adequate operational procedures to ensure it is properly managed and its rules are enforced.

             (8)  The organisation must have satisfactory arrangements in place for:

                     (a)  notifying clients of its members or of members of its member bodies as to how to make complaints; and

                     (b)  hearing and deciding those complaints; and

                     (c)  taking disciplinary action if complaints are justified.

             (9)  The organisation must have satisfactory arrangements in place for publishing annual statistics about:

                     (a)  the kinds and frequency of complaints (except complaints under this Act about registered tax agents); and

                     (b)  findings made as a result of the complaints; and

                     (c)  action taken as a result of those findings.

           (10)  The organisation must be able to pay its debts as they fall due.

37  At the end of subsection 262A(1)

Add:

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 .

38  After subsection 262A(1C)

Insert:

          (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.

39  Subsection 262A(5) (penalty)

Repeal the penalty.

40  At the end of section 262A

Add:

Penalty:  30 penalty units.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

41  Subsection 263(3) (penalty)

Repeal the penalty, substitute:

Penalty:  30 penalty units.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

42  At the end of section 462

Add:

Note:          There is an administrative penalty if you do not keep or retain records as required by this Division: see section 288-25 in Schedule 1 to the Taxation Administration Act 1953 .

43  Section 465

Omit “$3,000”, substitute “30 penalty units”.

44  At the end of section 465

Add:

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

45  At the end of section 615

Add:

Note:          There is an administrative penalty if you do not keep or retain records as required by this Division: see section 288-25 in Schedule 1 to the Taxation Administration Act 1953 .

46  Section 621

Omit “$3,000”, substitute “30 penalty units”.

47  At the end of section 621

Add:

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

48  At the end of subsection 245-265(1) in Schedule 2C

Add:

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 .

Income Tax Assessment Act 1997

49  Subsection 121-20(1) (note)

Omit “Note”, substitute “Note 1”.

50  At the end of subsection 121-20(1)

Add:

Note 2:       There is an administrative penalty if you do not keep records as required by this Division: see section 288-25 in Schedule 1 to the Taxation Administration Act 1953 .

51  Subsection 121-20(5) (penalty)

Repeal the penalty, substitute:

Penalty:  30 penalty units.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

52  Subsection 121-25(4) (note)

Omit “Note”, substitute “Note 1”.

53  At the end of subsection 121-25(4)

Add:

Note 2:       See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

Petroleum Resource Rent Tax Assessment Act 1987

54  Before section 101

Insert:

100A   Part to stop applying

                   This Part does not apply to a return, or information, relating to the year of tax starting on 1 July 2000 or a later year of tax.

Note:          See instead Division 284 in Schedule 1 to the Taxation Administration Act 1953 .

55  Subsection 107(3) (penalty)

Repeal the penalty, substitute:

Penalty:  30 penalty units.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

56  Section 112 (penalty)

Repeal the penalty, substitute:

Penalty:  30 penalty units.

Note 1:       See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

Note 2:       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 .

Superannuation Contributions Tax (Assessment and Collection) Act 1997

57  Subsection 35A(4)

Repeal the subsection, substitute:

             (4)  The prescribed penalty is 5 penalty units for each week or part of a week during which the contravention continues.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

58  Subsection 38(3) (penalty)

Omit “10 penalty units”, substitute “30 penalty units”.

59  Subsection 38(3) (note)

Omit “Note”, substitute “Note 1”.

60  At the end of subsection 38(3)

Add:

Note 2:       See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

Superannuation Guarantee (Administration) Act 1992

61  Subsection 38(2) (definition of overpaid amount )

After “Part 7”, insert “of this Act or administrative penalty under Part 4-25 in Schedule 1 to the Taxation Administration Act 1953 ”.

62  Subsection 59(2)

Repeal the subsection, substitute:

             (2)  An employer liable to pay superannuation guarantee charge in relation to a year must:

                     (a)  keep a record in relation to the year containing details of the basis of calculation of the following amounts:

                              (i)  the employer’s annual national payroll for the employer’s base year;

                             (ii)  the individual superannuation guarantee shortfalls of the employer for the year;

                            (iii)  the employer’s nominal interest component for the year;

                            (iv)  the employer’s administration component for the year;

                            that were specified in a superannuation guarantee statement under section 33 or a statement under section 34; or

                     (b)  produce to the Commissioner, when and as required by the Commissioner under this Act, a document containing details of the basis of calculation of the amounts referred to in paragraph (2)(a) that were specified in a superannuation guarantee statement under section 33 or a statement under section 34.

63  Sections 60 and 61

Repeal the sections.

64  Subsection 76(3) (penalty)

Repeal the penalty, substitute:

Penalty for contravention of this subsection:        30 penalty units.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

65  At the end of subsection 79(1)

Add:

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 .

66  Subsection 79(6)

Omit “$3,000”, substitute “30 penalty units”.

67  At the end of subsection 79(6)

Add:

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

Taxation Administration Act 1953

68  Subsection 3AA(4)

Repeal the subsection.

69  Subsection 8AAB(5) (before table item 1)

Insert:

 

1A

27

Diesel and Alternative Fuels Grants Scheme Act 1999

70  Subsection 8AAB(5) (table items 17C and 17D)

Repeal the items.

71  Subsection 8AAB(5) (before table item 19)

Insert:

 

18

298-25 in Schedule 1

Taxation Administration Act 1953

72  Subsection 8AAG(5)

Repeal the subsection, substitute:

             (5)  The Commissioner may remit all or a part of the charge referred to in subsection (2) if the Commissioner is satisfied that:

                     (a)  there are special circumstances because of which it would be fair and reasonable to remit all or a part of the charge; or

                     (b)  it is otherwise appropriate to do so.

73  Before section 8AAI

Insert:

8AAHA   Division to stop applying

                   This Division does not apply to a notification of a liability that arises on or after 1 July 2000.

74  Before section 8AAO

Insert:

8AANA   Division to stop applying

                   This Division does not apply to a statement, report or form that relates to the 2000-01 year of income or a later year of income.

75  Subsection 8AAZLH(2)

After “nominated” (first occurring), insert “in the approved form”.

76  After subsection 8AAZLH(2)

Insert:

          (2A)  The account must be one held by:

                     (a)  the entity, or the entity and some other entity; or

                     (b)  the entity’s registered tax agent; or

                     (c)  a legal practitioner as trustee or executor for the entity.

77  At the end of section 8AAZLH

Add:

             (5)  If the Commissioner pays a refund to the credit of an account nominated by an entity, the Commissioner is taken to have paid the refund to the entity.

78  After section 8AAZM

Insert:

8AAZMA   Electronic payment of tax debts

             (1)  An entity that, under subsection 33-10(2) of the A New Tax System (Goods and Services Tax) Act 1999 , is required to pay a net amount for a tax period electronically must also electronically pay the Commissioner all of its other tax debts that are due to be paid during that period.

             (2)  A large withholder that, under subsection 16-85(1) in Schedule 1, is required to pay an amount electronically in a particular month must also electronically pay the Commissioner all of its other tax debts that are due to be paid during that month.

80  Paragraph 14ZU(a)

Omit “writing”, substitute “the approved form”.

81  Section 16B

Repeal the section, substitute:

16B   Certain liabilities to be reduced to nearest multiple of 5 cents

                   If the amount of a tax-related liability that arises by way of penalty or because it is assessed by the Commissioner (other than an RBA deficit or a liability to pay the general interest charge) is not a multiple of 5 cents, the amount is decreased to the nearest multiple of 5 cents.

82  Subsection 66(4) (penalty)

Omit “10 penalty units”, substitute “30 penalty units”.

83  At the end of subsection 70(4)

Add:

Note 3:       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.

84  Subsection 16-25(1) in Schedule 1 (note 2)

Omit “civil”, substitute “administrative”.

85  Subsection 16-25(2) in Schedule 1 (note 2)

Omit “civil”, substitute “administrative”.

86  Subsection 16-85(1) in Schedule 1 (note 3)

Omit “288-15”, substitute “8AAZMA”.

87  Subsection 16-140(3) in Schedule 1 (note 2)

Omit “civil”, substitute “administrative”.

88  At the end of section 16-142 in Schedule 1

Add:

             (2)  The Commissioner may register a branch of a * government entity or a * non-profit sub-entity if:

                     (a)  the branch or sub-entity applies, in the * approved form, for registration; and

                     (b)  the branch or sub-entity has an * ABN or has applied for one.

A branch or sub-entity that is so registered is also a PAYG withholding branch .

89  Subsection 16-150(1) in Schedule 1

After “pay an amount”, insert “(even if it is a nil amount)”.

90  Subsection 16-150(2) in Schedule 1

Repeal the subsection.

91  Subsection 16-153(4) in Schedule 1

Repeal the subsection.

92  Section 16-175 in Schedule 1 (penalty)

Repeal the penalty.

93  Section 16-195 in Schedule 1 (note)

Omit “civil”, substitute “administrative”.

94  Section 16-200 in Schedule 1

Repeal the section.

95  Subsections 18-40(1) and (2) in Schedule 1

Repeal the subsections, substitute:

             (1)  If an entity has paid to the Commissioner:

                     (a)  an amount of penalty under Subdivision 284-C in relation to a * scheme to which section 177CA of the Income Tax Assessment Act 1936 applies for a * withholding payment; or

                     (b)  an amount of * general interest charge under section 298-25 in relation to that amount;

the person liable to pay the * withholding tax for that withholding payment is entitled to a credit equal to the amount paid by the entity.

Remission

             (2)  If:

                     (a)  an entity has paid an amount under Subdivision 284-C in relation to a penalty mentioned in paragraph (1)(a); and

                     (b)  the Commissioner remits the whole or a part of the amount of the penalty under section 298-20;

then:

                     (c)  any credit under subsection (1) relating to the amount paid by the entity is reduced by the amount that is remitted; and

                     (d)  the Commissioner must pay to the entity an amount equal to the amount that is remitted.

Note:       The heading to section 18-40 in Schedule 1 is replaced by the heading “ Credit: liability under Part 4-25 ”.

96  Subsection 18-100(1) in Schedule 1 (note)

Omit “Note”, substitute “Note 1”.

97  At the end of subsection 18-100(1) in Schedule 1

Add:

Note 2:       There is an administrative penalty if you do not retain the copy as required by this section: see section 288-25 in Schedule 1.

98  Section 20-80 in Schedule 1 (table item 15)

Repeal the item.

99  Section 20-80 in Schedule 1 (table item 20)

Repeal the item.

100  At the end of section 20-80 in Schedule 1

Add:

Note:          Division 298 also provides review rights about remission of administrative penalties.

101  At the end of section 45-25 in Schedule 1

Add:

             (2)  This section does not apply to a notification required to be lodged on or after 1 July 2000.

Note:          See instead Division 286 in Schedule 1 to the Taxation Administration Act 1953 .

102  Paragraph 45-230(3)(b) in Schedule 1

Repeal the paragraph, substitute:

                     (b)  finishes at the end of the day on which your assessed tax for the income year is due to be paid.

103  Paragraph 45-232(4)(b) in Schedule 1

Repeal the paragraph, substitute:

                     (b)  finishes at the end of the day on which your assessed tax for the income year is due to be paid.

104  Paragraph 45-233(5)(b) in Schedule 1

Repeal the paragraph, substitute:

                     (b)  finishes at the end of the day on which your assessed tax for the income year is due to be paid.

105  Paragraph 45-235(4)(b) in Schedule 1

Repeal the paragraph, substitute:

                     (b)  finishes at the end of the day on which your assessed tax for the income year is due to be paid.

106  Section 45-420 in Schedule 1 (link note)

Repeal the link note.

107  Subsection 250-10(2) in Schedule 1 (table items 95 and 110)

Repeal the items.

108  Subsection 250-10(2) in Schedule 1 (table item 140)

Repeal the item, substitute:

140

administrative penalties

Divisions 284, 286 and 288 in Schedule 1

Taxation Administration Act 1953

109  At the end of section 255-10 in Schedule 1

Add:

             (3)  A deferral under subsection (1) does not defer the time for giving an * approved form to the Commissioner.

Note:          Section 388-55 allows the Commissioner to defer the time for giving an approved form.

110  Division 288 in Schedule 1 (heading)

Repeal the heading, substitute:

Division 288 Miscellaneous administrative penalties

111  Section 288-5 in Schedule 1

Repeal the section.

112  Paragraph 288-10(b) in Schedule 1

Omit “288-5”, substitute “388-80”.

113  Section 288-15 in Schedule 1

Repeal the section.

114  Paragraph 288-20(b) in Schedule 1

Repeal the paragraph, substitute:

                     (b)  under section 8AAZMA, or subsection 16-85(1) in this Schedule, is required to pay an amount electronically;

115  After section 288-20 in Schedule 1

Insert:

288-25   Penalty for failure to keep or retain records

             (1)  You are liable to an administrative penalty of 20 penalty units if:

                     (a)  a provision of a * taxation law requires you to keep or retain a record; and

                     (b)  you do not keep or retain that record in the manner required by that law.

             (2)  Subsection (1) does not apply to:

                     (a)  documents required to be retained under Part X of the Fringe Benefits Tax Assessment Act 1986 (about statutory evidentiary documents); or

                     (b)  documents required to be kept or retained under Division 900 of the Income Tax Assessment Act 1997 (about substantiation of expenses).

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

288-30   Penalty for failure to retain or produce declarations

                   You are liable to an administrative penalty of 20 penalty units if:

                     (a)  a provision of a * taxation law requires you to retain or produce a declaration you made about an agent giving an * approved form to the Commissioner on your behalf; and

                     (b)  you do not retain or produce that declaration in the manner required by that law.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

288-35   Penalty for preventing access etc.

                   You are liable to an administrative penalty of 20 penalty units if:

                     (a)  a provision of a * taxation law confers a power on an officer authorised under that law:

                              (i)  to enter or remain on land, premises or a place that you occupy; or

                             (ii)  to have access to documents, goods or other property in your possession; or

                            (iii)  to inspect, copy or take extracts from documents in your possession; or

                            (iv)  to inspect, examine, count, measure, weigh, gauge, test or analyse any goods or other property in your possession and, to that end, take samples; and

                     (b)  you refuse to provide the officer with all reasonable facilities for the officer effectively to exercise that power in accordance with that law.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

116  Section 298-5 in Schedule 1

Repeal the section, substitute:

298-5   Scope of Division

                   This Division applies if an administrative penalty is imposed on an entity by another Division in this Part.

117  At the end of Division 298 in Schedule 1

Add:

298-30   Assessment of penalties under Division 284

             (1)  The Commissioner must make an assessment of the amount of an administrative penalty under Division 284.

             (2)  An entity that is dissatisfied with such an assessment made about the entity may object against it in the manner set out in Part IVC of the Taxation Administration Act 1953 .

             (3)  The production of a notice of such an assessment, or of a copy of it certified by or on behalf of the Commissioner, is conclusive evidence of the making of the assessment and of the particulars in it.

             (4)  Subsection (3) does not apply to proceedings under Part IVC of the Taxation Administration Act 1953 on a review or appeal relating to the assessment.

118  Subsection 353-10(2) in Schedule 1

After “oath” (wherever occurring), insert “or affirmation”.

119  Section 360-180 in Schedule 1 (link note)

Omit “400”, substitute “388”.

120  Section 420-5 in Schedule 1 (note 2)

Omit “civil”, substitute “administrative”.

Note:          The heading to section 420-5 in Schedule 1 is altered by omitting “ civil ” and substituting “ administrative ”.

Taxation (Interest on Overpayments and Early Payments) Act 1983

121  Section 13

Repeal the section, substitute:

Note:          For rules about allocation of credits arising under this Act, see Division 3 of Part IIB of the Taxation Administration Act 1953 .

Tobacco Charges Assessment Act 1955

122  Before section 29

Insert:

28A   Part to stop applying

                   This Part does not apply to a return, or information, relating to the year starting on 1 July 2000 or a later year.

Note:          See instead Division 284 in Schedule 1 to the Taxation Administration Act 1953 .

123  Subsection 41(3) (penalty)

Repeal the penalty, substitute:

Penalty for a contravention of this subsection: 30 penalty units.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

Termination Payments Tax (Assessment and Collection) Act 1997

124  Subsection 26(3) (penalty)

Omit “10 penalty units”, substitute “30 penalty units”.

Wool Tax (Administration) Act 1964

125  Before section 61

Insert:

60   Part to stop applying

                   This Part does not apply to a return, or information, relating to the year starting on 1 July 2000 or a later year.

Note:          See instead Division 284 in Schedule 1 to the Taxation Administration Act 1953 .

126  Subsection 89(1) (penalty)

Omit “$2,000”, substitute “30 penalty units”.

127  At the end of subsection 89(1)

Add:

Note 1:       See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

Note 2:       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 .

128  Subsection 90(3) (penalty)

Repeal the penalty, substitute:

Penalty for a contravention of this subsection: 30 penalty units.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

129  Transitional—existing RBAs

Although the A New Tax System (Pay As You Go) Act 1999 repealed subsection 8AAZL(3) of the Taxation Administration Act 1953 , special priority credits referred to in that subsection are to continue to be applied in accordance with that subsection.



 

Part 2 Amendments applying to returns etc. for the 2000-01 year and later years

Income Tax Assessment Act 1936

130  Section 160ARG

Repeal the section, substitute:

160ARG   Requirements for returns

                   A return under this Part must be in the approved form.

131  Subsection 161(1)

Omit “or such further period as the Commissioner allows”.

132  At the end of subsection 161(1)

Add:

Note:          The Commissioner may defer the time for giving the return: see section 388-55 in Schedule 1 to the Taxation Administration Act 1953 .

133  Subsection 161A(1)

Repeal the subsection, substitute:

             (1)  The return must be in the approved form.

134  Section 161B

Repeal the section.

135  Section 161C

Repeal the section.

136  Section 161D

Repeal the section.

137  Section 161E

Repeal the section.

138  Section 162

Repeal the section, substitute:

162   Further returns and information

                   A person must, if required by the Commissioner, whether before or after the end of the year of income, give the Commissioner, within the time required and in the approved form:

                     (a)  a return or a further or fuller return for a year of income or a specified period, whether or not the person has given the Commissioner a return for the same period; or

                     (b)  any information, statement or document about the person’s financial affairs.

139  Section 163

Omit “in the manner”, substitute “in the approved form”.

140  Section 165

Repeal the section.

141  Section 264B

Repeal the section.

142  Section 264C

Repeal the section.

Taxation Administration Act 1953

142A  Paragraph 8C(1)(a)

Omit “return”, substitute “approved form”.

143  Before Part 5-30 in Schedule 1

Insert:

Part 5-25 Record-keeping and other obligations of taxpayers

Division 388 Requirements about giving material to the Commissioner

Table of Subdivisions

388-A   Object of Division

388-B    General provisions

Subdivision 388-A Object of Division

388-5   Object of Division

                   The object of this Division is to set out requirements to ensure the integrity and efficiency of giving material to the Commissioner.

Subdivision 388-B General provisions

Table of sections

388-50      Approved forms

388-55      Commissioner may defer time for lodgment

388-60      Declaration by entity

388-65      Declaration by entity where agent gives document

388-70      Declaration by agent

388-75      Signing declarations

388-80      Electronic notification of BAS amounts

388-85      Truncating amounts

388-50   Approved forms

             (1)  A return, notice, statement, application or other document under a * taxation law is in the approved form if, and only if:

                     (a)  it is in the form approved in writing by the Commissioner for that kind of return, notice, statement, application or other document; and

                     (b)  it contains a declaration signed by a person or persons as the form requires (see section 388-75); and

                     (c)  it contains the information that the form requires, and any further information, statement or document as the Commissioner requires, whether in the form or otherwise; and

                     (d)  for a return, notice, statement, application or document that is required to be given to the Commissioner—it is given in the manner that the Commissioner requires (which may include * electronically).

             (2)  The Commissioner may combine in the same * approved form more than one return, notice, statement, application or other document.

             (3)  The Commissioner may approve a different * approved form for different entities.

Example:    The Commissioner may require high wealth individuals to lodge a different income tax return to that required to be lodged by an individual whose only income is a salary.

388-55   Commissioner may defer time for lodgment

             (1)  The Commissioner may defer the time within which an * approved form is required to be given to the Commissioner or to another entity.

             (2)  A deferral under subsection (1) does not defer the time for payment of any amount to the Commissioner.

Note:          Section 255-10 allows the Commissioner to defer the time for payment of an amount of a tax-related liability.

388-60   Declaration by entity

                   If you give a return, notice, statement, application or other document to the Commissioner in the * approved form, you must make a declaration in the approved form that any information in the document is true and correct.

388-65   Declaration by entity where agent gives document

             (1)  If a return, notice, statement, application or other document of yours is to be given to the Commissioner in the * approved form by an agent on your behalf, you must make a declaration in writing:

                     (a)  stating that you have authorised the agent to give the document to the Commissioner; and

                     (b)  declaring that any information you provided to the agent for the preparation of the document is true and correct.

             (2)  You must give the declaration to the agent.

             (3)  You must retain the declaration or a copy of it for:

                     (a)  if you are not a * SPOR taxpayer—5 years after it is made; or

                     (b)  if you are a SPOR taxpayer—2 years after it is made.

             (4)  You must produce the declaration or copy if requested to do so within that period by the Commissioner.

             (5)  The agent must not give the document to the Commissioner before you make the declaration.

             (6)  You must sign the declaration.

388-70   Declaration by agent

                   If an agent gives a return, notice, statement, application or other document to the Commissioner in the * approved form on behalf of another entity, the agent must, if the document so requires, make a declaration in the approved form stating that:

                     (a)  the document has been prepared in accordance with the information supplied by the other entity; and

                     (b)  the agent has received a declaration from the other entity stating that the information provided to the agent is true and correct; and

                     (c)  the agent is authorised by the other entity to give the document to the Commissioner.

388-75   Signing declarations

             (1)  You must sign a declaration in a return, notice, statement, application or other document you give to the Commissioner in paper form.

             (2)  If your agent gives a return, notice, statement, application or other document to the Commissioner on your behalf in paper form, the document must contain:

                     (a)  a declaration signed by you; and

                     (b)  if the document so requires—an agent’s declaration signed by your agent.

             (3)  Any return, notice, statement, application or other document of yours that is * lodged electronically:

                     (a)  if you give it to the Commissioner—must contain your declaration (see section 388-60) with your * electronic signature; or

                     (b)  if your agent gives it to the Commissioner—must contain the agent’s declaration (see section 388-70) with the agent’s electronic signature.

             (4)  Any return, notice, statement, application or other document of yours that is given by telephone:

                     (a)  if you give it—must contain your * telephone signature; or

                     (b)  if your agent gives it—must contain your agent’s telephone signature.

388-80   Electronic notification of BAS amounts

                   An entity that, under section 31-25 of the * GST Act, chooses or is required to * lodge a * GST return electronically must also electronically notify the Commissioner of all other * BAS amounts whose notification is required on the same day as the GST return (ignoring any extension allowed by the Commissioner under section 31-10 of that Act or a deferral under section 388-55).

388-85   Truncating amounts

                   If an * approved form that you are required to give the Commissioner specifies that amounts set out in the form are to be expressed in whole dollars, you truncate the amounts to the nearest whole dollar.

Example:    Stefan Pty Ltd calculates that its PAYG instalment for a quarter is $8,496.73. Because the approved form requires amounts to be truncated, the amount would be reported in its BAS as $8,496.

144  Application of amendments

(1)       Subject to this item, the amendments made by this Part apply to:

                     (a)  for income tax—returns, statements, notices and other documents given for the 2000-01 income year and later years; and

                     (b)  for fringe benefits tax—returns, statements, notices and other documents for the year of tax starting on 1 April 2001 and later years; and

                     (c)  for other taxes—returns, statements, notices and other documents for the period starting on 1 July 2000 and later periods.

(2)       Section 388-85 in Schedule 1 to the Taxation Administration Act 1953 applies to approved forms required to be given to the Commissioner on or after 1 July 2000.



 

Part 3 Amendments applying to tax payable for the 2000-01 year and later years

Income Tax Assessment Act 1936

145  Subsection 204(1)

Repeal the subsection, substitute:

             (1)  Subject to the provisions of this Part, the tax payable by a taxpayer other than a full self-assessment taxpayer for a year of income becomes due and payable:

                     (a)  if the taxpayer’s return of income is lodged on or before the due date for lodgment—on the later of:

                              (i)  21 days after the due date for lodgment of that return specified in the Gazette under section 161 for the year of income; or

                             (ii)  21 days after a notice of assessment is given to the taxpayer; or

                     (b)  in any other case—21 days after that due date for lodgment.

Note 1:       The Commissioner may defer the time at which the tax is, or would become, due and payable: see section 255-10 in Schedule 1 to the Taxation Administration Act 1953 .

Note 2        The Commissioner may defer the due date for lodgment: see section 388-55 in that Schedule.

146  Subsection 204(2)

Repeal the subsection.

147  Application of amendments

The amendments made by this Part apply to income tax payable for the 2000-01 year of income and later years.



 

Part 4 FBT amendments commencing on 1 April 2001

Fringe Benefits Tax Assessment Act 1986

148  Section 70

Repeal the section, substitute:

70   Keeping records of indirect tax transactions

                   A return under section 68 or 69 must:

                     (a)  be in the approved form; and

                     (b)  specify:

                              (i)  the fringe benefits taxable amount of the employer of the year of tax concerned; and

                             (ii)  the amount of tax payable on that amount.

149  Section 70A

Repeal the section.

150  Section 70B

Repeal the section.

151  Section 71

Repeal the section.

152  Subsections 74(6A) and (6B)

Repeal the subsections, substitute:

          (6A)  An application for amendment must be in the approved form.

153  Section 124B

Repeal the section.

154  Section 124C

Repeal the section.

155  Subsection 136(1)

Insert:

approved form has the meaning given by section 388-50 in Schedule 1 to the Taxation Administration Act 1953 .

156  Subsection 136(1) (definition of electronic signature )

Repeal the definition, substitute:

electronic signature has the meaning given by subsection 995-1(1) of the Income Tax Assessment Act 1997 .

157  Application of amendments

The amendments made by this Part apply to returns for the year of tax starting on 1 April 2001 and later years.