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Schedule 3—Single touch payroll reporting

Schedule 3 Single touch payroll reporting

Part 1 Single touch payroll reporting

Income Tax Assessment Act 1997

1  Subsection 995-1(1) (definition of substantial employer )

Repeal the definition.

Taxation Administration Act 1953

2  Paragraph 8AAZLGB(1)(a)

Repeal the paragraph, substitute:

                     (a)  the Commissioner reasonably believes that the entity has made a payment as a result of which the entity is, or will be, required to notify the Commissioner under section 389-5 in Schedule 1; and

3  Paragraph 8AAZLGB(3)(b)

Omit “if subparagraph (1)(a)(i) applied—”.

4  Section 389-1 in Schedule 1

Repeal the section, substitute:

389-1   What this Division is about

Employers must (unless they are exempt) notify the Commissioner of certain amounts that relate to payments in respect of their employees.

In many cases this Division has the effect of bringing forward the due dates for notification or reporting under other provisions. Notifying under this Division may satisfy an employer’s obligations to notify or report under the other provisions.

5  Section 389-5 in Schedule 1 (heading)

Repeal the heading, substitute:

389-5   Required reporting by employers

6  Subsection 389-5(1) in Schedule 1

Omit all the words from and including “If:” to and including “column 2 of that item”, substitute “An entity must notify the Commissioner of an amount of a kind referred to in column 1 of an item in the following table on or before the day referred to in column 2 of that item, if the amount arises as a result of conduct of the entity (such as payment of an amount or provision of a benefit)”.

7  Subsection 389-5(6) in Schedule 1

Repeal the subsection.

8  Subsections 389-15(1) and (2) in Schedule 1

Repeal the subsections.

9  Subsection 389-15(3) in Schedule 1 (heading)

Repeal the heading.

10  Application—required reporting

(1)       The amendments made by this Part apply in relation to an amount that an entity is required to notify to the Commissioner if the requirement to notify arises on or after 1 July 2019.

(2)       For the purposes of Division 3 of Part 1 of Schedule 23 to the Budget Savings (Omnibus) Act 2016 , and despite item 24 of that Schedule, the application day for an entity is taken to be the earlier of the following:

                     (a)  the application day for the entity under that Division, disregarding the effect of this item;

                     (b)  1 July 2019.

Part 2 Reporting of salary sacrifice amounts

Taxation Administration Act 1953

11  Paragraphs 8K(2A)(a) and 8N(2)(a)

Omit “item 1 or 2”, substitute “item 1, 2 or 2A”.

12  Paragraph 284-75(8)(a) in Schedule 1

Omit “item 1 or 2”, substitute “item 1, 2 or 2A”.

13  Subsection 286-75(1) in Schedule 1 (note)

Repeal the note, substitute:

Note:          You may not be liable to a penalty in relation to a failure to notify an amount referred to in item 1, 2 or 2A of the table in subsection 389-5(1) during the period provided for by subitem 22(2) of Schedule 23 to the Budget Savings (Omnibus) Act 2016 (see also item 16 of Schedule 3 to the Treasury Laws Amendment (2018 Measures No. 4) Act 2019 ).

14  Subsection 389-5(1) in Schedule 1 (table item 2)

Repeal the item, substitute:

 

2

An amount that consists of either or both of the following:

(a) an amount (other than an amount covered by item 1) paid, on a particular day, by the entity that constitutes the ordinary time earnings (within the meaning of the Superannuation Guarantee (Administration) Act 1992 ) of an individual who is the entity’s employee (within the meaning of that Act but disregarding subsection 12(3) of that Act);

(b) a sacrificed ordinary time earnings amount (within the meaning of that Act) of such an employee of the entity, in respect of the entity, that would be paid as ordinary time earnings on a particular day if it was not sacrificed

the day on which the amount is paid, or would be paid, as mentioned in column 1.

2A

An amount that consists of either or both of the following:

(a) an amount (other than an amount covered by item 1) paid, on a particular day, by the entity that constitutes the salary or wages (within the meaning of the Superannuation Guarantee (Administration) Act 1992 ) of an individual who is the entity’s employee (within the meaning of that Act but disregarding subsection 12(3) of that Act);

(b) a sacrificed salary or wages amount (within the meaning of that Act) of such an employee of the entity, in respect of the entity, that would be paid as salary or wages on a particular day if it was not sacrificed

the day on which the amount is paid, or would be paid, as mentioned in column 1.

 

15  Subsection 389-25(1) in Schedule 1

Omit “item 1 or 2”, substitute “item 1, 2 or 2A”.

16  Application

(1)       The amendments made by this Part apply in relation to quarters beginning on or after the day this Part commences.

(2)       The reference in paragraph 22(2)(a) of Schedule 23 to the Budget Savings (Omnibus) Act 2016 to item 1 or 2 of the table in subsection 389-5(1) in Schedule 1 to the Taxation Administration Act 1953 is taken to include a reference to item 2A of that table, as inserted by this Part.