Commonwealth Consolidated Acts

A NEW TAX SYSTEM (PAY AS YOU GO) ACT 1999 - SCHEDULE 3

1   Subsection 995 - 1(1)

Insert:

"ABN" has the meaning given by the A New Tax System (Australian Business Number) Act 1999 .

2   Subsection 995 - 1(1)

Insert:

"adjusted assessed tax" has the meaning given by section   45 - 375 in Schedule   1 to the Taxation Administration Act 1953 .

3   Subsection 995 - 1(1)

Insert:

"adjusted assessed taxable income" has the meaning given by section   45 - 370 in Schedule   1 to the Taxation Administration Act 1953 .

4   Subsection 995 - 1(1)

Insert:

"adjusted taxable income" has the meaning given by section   45 - 330 in Schedule   1 to the Taxation Administration Act 1953 .

5   Subsection 995 - 1(1)

Insert:

"adjusted withholding income" has the meaning given by section   45 - 335 in Schedule   1 to the Taxation Administration Act 1953 .

6   Subsection 995 - 1(1)

Insert:

"amount required to be withheld" by an entity from a * withholding payment means:

  (a)   the amount that the entity must withhold from the payment under Division   12 in Schedule   1 to the Taxation Administration Act 1953 ; or

  (b)   the amount that Division   14 in that Schedule requires the entity to pay to the Commissioner in respect of the * non - cash benefit of which the withholding payment consists;

or that amount as varied by the Commissioner under section   16 - 15 in the Schedule.

7   Subsection 995 - 1(1)

Insert:

"amount withheld" by an entity from a * withholding payment means:

  (a)   an amount that the entity withheld from the payment under Division   12 in Schedule   1 to the Taxation Administration Act 1953 ; or

  (b)   an amount that the entity paid to the Commissioner under Division   14 in that Schedule in respect of the * non - cash benefit of which the withholding payment consists.

8   Subsection 995 - 1(1)

Insert:

"annual payer" means an entity that has become an annual payer under section   45 - 140 in Schedule   1 to the Taxation Administration Act 1953 , and has not since ceased to be an annual payer under section   45 - 150, 45 - 155 or 45 - 180 in that Schedule.

9   Subsection 995 - 1(1)

Insert:

"approved form" : a notice, application or other document is in the approved form if, and only if:

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

  (b)   it is signed by a person or persons as the form requires; and

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

  (d)   for a notice, application or document that is required to be lodged with the Commissioner--it is lodged at the place and in the manner that the Commissioner requires.

The Commissioner may combine in the same approved form more than one notice, application or other document.

10   Subsection 995 - 1(1)

Insert:

"Australian Business Register" means the Australian Business Register established and maintained under the A New Tax System (Australian Business Number) Act 1999 .

11   Subsection 995 - 1(1)

Insert:

"Australian Business Registrar" means the Registrar of the * Australian Business Register.

12   Subsection 995 - 1(1)

Insert:

"Australian legislature" means:

  (a)   the Parliament of the Commonwealth of Australia; or

  (b)   the Parliament of a State; or

  (c)   the Legislative Assembly for the Australian Capital Territory; or

  (d)   the Legislative Assembly of the Northern Territory of Australia.

13   Subsection 995 - 1(1)

Insert:

"base assessment" has the meaning given by section   45 - 320 in Schedule   1 to the Taxation Administration Act 1953 .

14   Subsection 995 - 1(1)

Insert:

"base year" has the meaning given by section   45 - 320 in Schedule   1 to the Taxation Administration Act 1953 .

15   Subsection 995 - 1(1)

Insert:

"benchmark instalment rate" has the meaning given by section   45 - 360 in Schedule   1 to the Taxation Administration Act 1953 .

16   Subsection 995 - 1(1)

Insert:

"benchmark tax" has the meaning given by section   45 - 365 in Schedule   1 to the Taxation Administration Act 1953 .

17   Subsection 995 - 1(1)

Insert:

"carried on in Australia" , in relation to an * enterprise, has the meaning given by subsection 9 - 25(6) of the * GST Act.

18   Subsection 995 - 1(1)

Insert:

"carrying on" an * enterprise includes doing anything in the course of the commencement or termination of the enterprise.

19   Subsection 995 - 1(1)

Insert:

"electronic payment" means a payment by way of electronic transmission, in an electronic format approved by the Commissioner.

20   Subsection 995 - 1(1)

Insert:

"electronic signature" of a person means a unique identification of the person in electronic form that is approved by the Commissioner for the purposes of the definition of electronic signature in section   6 of the Income Tax Assessment Act 1936 .

21   Subsection 995 - 1(1)

Insert:

"enterprise" has the meaning given by section   9 - 20 of the * GST Act.

22   Subsection 995 - 1(1)

Insert:

"failure to notify penalty" means the penalty worked out under Division   2 of Part   IIA of the Taxation Administration Act 1953 .

23   Subsection 995 - 1(1)

Insert:

"farm management deposit" has the same meaning as in Schedule   2G to the Income Tax Assessment Act 1936 .

24   Subsection 995 - 1(1)

Insert:

"foreign resident" means a person who is not a resident of Australia for the purposes of the Income Tax Assessment Act 1936 .

Note:   Foreign resident is not asterisked in this Act.

25   Subsection 995 - 1(1)

Insert:

"FTB amount" for an income year means an amount of family tax benefit (within the meaning of the A New Tax System (Family Assistance) (Administration) Act 1999 ) to which an individual is entitled in respect of the income year.

26   Subsection 995 - 1(1)

Insert:

"GDP-adjusted notional tax" has the meaning given by section   45 - 405 in Schedule   1 to the Taxation Administration Act 1953 .

27   Subsection 995 - 1(1)

Insert:

"GDP amount" for a * quarter has the meaning given by section   45 - 405 in Schedule   1 to the Taxation Administration Act 1953 .

28   Subsection 995 - 1(1)

Insert:

"GST Act" means the A New Tax System (Goods and Services Tax) Act 1999.

29   Subsection 995 - 1(1)

Insert:

"GST joint venture" has the meaning given by section   51 - 5 of the * GST Act.

30   Subsection 995 - 1(1)

Insert:

"instalment group" has the meaning given by section   45 - 145 in Schedule   1 to the Taxation Administration Act 1953 .

31   Subsection 995 - 1(1)

Insert:

"instalment income" has the meaning given by sections   45 - 120, 45 - 260 and 45 - 280 in Schedule   1 to the Taxation Administration Act 1953 .

32   Subsection 995 - 1(1)

Insert:

"instalment quarter" has the meaning given by section   45 - 60 in Schedule   1 to the Taxation Administration Act 1953 .

33   Subsection 995 - 1(1)

Insert:

"investment body" for a * Part   VA investment has the meaning given by section   202D of the Income Tax Assessment Act 1936 .

34   Subsection 995 - 1(1)

Insert:

"investor" for a * Part   VA investment has the meaning given by section   202D of the Income Tax Assessment Act 1936 .

35   Subsection 995 - 1(1)

Insert:

"invoice" means a document notifying an obligation to make a payment.

36   Subsection 995 - 1(1)

Insert:

"labour hire notional withheld amount" has the meaning given by section   16 - 125 in Schedule   1 to the Taxation Administration Act 1953 .

37   Subsection 995 - 1(1)

Insert:

"large withholder" has the meaning given by sections   16 - 95 and 16 - 125 in Schedule   1 to the Taxation Administration Act 1953 .

38   Subsection 995 - 1(1)

Insert:

"market value" of a * non - cash benefit: in working out the market value of a * non - cash benefit, disregard anything that would prevent or restrict conversion of the benefit to money.

39   Subsection 995 - 1(1)

Insert:

"medium withholder" has the meaning given by section   16 - 100 and 16 - 135 in Schedule   1 to the Taxation Administration Act 1953 .

40   Subsection 995 - 1(1)

Insert:

"mining withholding tax" means income tax payable under section   128V of the Income Tax Assessment Act 1936 .

41   Subsection 995 - 1(1)

Insert:

"natural resource" has the meaning given by section   6 of the Income Tax Assessment Act 1936.

42   Subsection 995 - 1(1)

Insert:

"non-cash benefit" is property or services in any form except money. If a non - cash benefit is dealt with on behalf of an entity, or is provided or dealt with as an entity directs, the benefit is taken to be provided to the entity.

43   Subsection 995 - 1(1)

Insert:

"non-quotation withholding payment" means a * withholding payment covered by Subdivision   12 - E in Schedule   1 to the Taxation Administration Act 1953 .

Note:   Subdivision   12 - E and Division   14 in that Schedule deal with collecting amounts on account of income tax payable by recipients of certain payments or non - cash benefits who have not quoted their tax file number or ABN, as appropriate.

44   Subsection 995 - 1(1)

Insert:

"notional tax" has the meaning given by section   45 - 325 in Schedule   1 to the Taxation Administration Act 1953 .

45   Subsection 995 - 1(1)

Insert:

"Part VA investment" means an investment of a kind mentioned in section   202D of the Income Tax Assessment Act 1936 .

46   Subsection 995 - 1(1)

Insert:

"participant" , in relation to a * GST joint venture, has the meaning given by section   51 - 5 or paragraph 51 - 70(1)(a) of the * GST Act.

47   Subsection 995 - 1(1)

Insert:

"PAYG instalment" means an instalment payable under Division   45 in Schedule   1 to the Taxation Administration Act 1953 .

48   Subsection 995 - 1(1)

Insert:

"payment summary" has the meaning given by section   16 - 170 in Schedule   1 to the Taxation Administration Act 1953 .

49   Subsection 995 - 1(1)

Insert:

"quarter" means a period of 3 months ending on 31   March, 30   June, 30   September or 31   December.

50   Subsection 995 - 1(1)

Insert:

"quarterly payer" means an entity that is liable to pay * PAYG instalments and is not an * annual payer.

51   Subsection 995 - 1(1)

Insert:

"quarterly payer who pays on the basis of GDP-adjusted notional tax" means an individual who has become such a payer under section   45 - 125 in Schedule   1 to the Taxation Administration Act 1953 , and has not since ceased to be one under section   45 - 130 or 45 - 135 in that Schedule.

52   Subsection 995 - 1(1)

Insert:

"quote" an entity's * ABN means quote in a form and manner approved by the Commissioner.

53   Subsection 995 - 1(1)

Insert:

"quoted" : an entity has quoted its * tax file number in connection with a * Part   VA investment if the entity is taken, for the purposes of Part   VA of the Income Tax Assessment Act 1936 , to have quoted its tax file number in connection with the investment.

54   Subsection 995 - 1(1)

Insert:

"reportable fringe benefits amount" for an income year in respect of an employee's employment by an employer has the same meaning as in the Fringe Benefits Tax Assessment Act 1986 (as it applies of its own force or because of the Fringe Benefits Tax (Application to the Commonwealth) Act 1986 ).

55   Subsection 995 - 1(1)

Insert:

"required to be registered" has the meaning given by the * GST Act.

56   Subsection 995 - 1(1)

Insert:

"small withholder" has the meaning given by section   16 - 105.

57   Subsection 995 - 1(1)

Insert:

"supply" has the meaning given by section   9 - 10 of the * GST Act.

58   Subsection 995 - 1(1)

Insert:

"tax file number" means a tax file number as defined in section   202A of the Income Tax Assessment Act 1936.

59   Subsection 995 - 1(1)

Insert:

"withholder" means a * large withholder, a * medium withholder or a * small withholder.

60   Subsection 995 - 1(1)

Insert:

"withholding payment" means:

  (a)   a payment from which an amount must be withheld under Division   12 in Schedule   1 to the Taxation Administration Act 1953 (even if the amount is not withheld); or

  (b)   a * non - cash benefit in respect of which Division   14 in that Schedule requires an amount to be paid to the Commissioner.

(A withholding payment that consists of a non - cash benefit is made when the benefit is provided. The amount of the withholding payment is taken to be the * market value of the benefit at that time.)

Note:   Divisions   12 and 14 in Schedule   1 to the Taxation Administration Act 1953 deal with collecting amounts on account of income tax payable by the recipient of the payment or non - cash benefit.

61   Subsection 995 - 1(1)

Insert:

"withholding payment" covered by a particular provision in Schedule   1 to the Taxation Administration Act 1953 means a * withholding payment consisting of:

  (a)   a payment from which an amount must be withheld under that provision (even if the amount is not withheld); or

  (b)   a * non - cash benefit provided by an entity if that provision would have required the entity to withhold an amount if, instead of providing the benefit, the entity had paid the * market value of the benefit; or

  (c)   a non - cash benefit provided to an entity if that provision would have required the entity to withhold an amount if the benefit had been a payment of an amount equal to the market value of the benefit.

62   Subsection 995 - 1(1)

Insert:

"withholding tax" means income tax payable under section   128B of the Income Tax Assessment Act 1936 .

63   Subsection 995 - 1(1) (after paragraph   ( b) of the definition of this Act )

Insert:

  and (c)   Schedule   1 to the Taxation Administration Act 1953 ;

Notes to the A New Tax System (Pay As You Go) Act 1999

Note 1

The A New Tax System (Pay As You Go) Act 1999 as shown in this compilation comprises Act No.   178 , 1999 amended as indicated in the Tables below.

Table of Acts

(a)   Subsection 2(1) of the A New Tax System (Tax Administration) Act 1999 provides as follows:

  (1)   Subject to this section, this Act commences, or is taken to have commenced, immediately after the commencement of section   1 of the A New Tax System (Pay As You Go) Act 1999 .

  Section   1 of the A New Tax System (Pay As You Go) Act 1999 commenced on 22   December 1999.

( b )   S ubsection 2(1) of the A New Tax System (Tax Administration) Act (No.   1) 2000 provides as follows:

  (1)   Subject to this section, this Act commences, or is taken to have commenced, immediately after the commencement of section   1 of the A New Tax System (Tax Administration) Act 1999 .

  Section   1 of the A New Tax System (Tax Administration) Act 1999 commenced on 22   December 1999.

( c )   Subsection 2(1) (item   44 ) of the Taxation Laws Amendment Act (No.   2) 2002 provides as follows:

  (1)   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.

( d )   Subsection 2(1) (item   10 ) of the Taxation Laws Amendment Act (No.   3) 2003 provides as follows:

  (1)   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.

( e )   Subsection 2(1) (item   6) of the Tax Laws Amendment (2004 Measures No.   7) Act 2005 provides as follows:

  (1)   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Table of Amendments