Australian Capital Territory Consolidated Acts

TAXATION ADMINISTRATION ACT 1999 - SECT 55

    (1)     This section applies if a person (the agent )—

        (a)     has authority to receive, control or dispose of money belonging to; or

        (b)     is liable to pay money to;

a taxpayer who is not residing in Australia.

    (2)     The commissioner may, by written notice served on the agent in relation to an amount of a tax liability of the taxpayer, require the agent to pay to the commissioner an amount equal to the amount payable in relation to the liability, or equal to any amount that the agent is required to keep under subsection (3) (a), whichever is less.

    (3)     On receiving a notice, the agent is, by force of this section—

        (a)     authorised and required to keep from time to time—

              (i)     any money received by the agent on behalf of the taxpayer; or

              (ii)     any money due to be paid by the agent to the taxpayer;

or so much of it as is equal to the amount payable in relation to the liability, whichever is less; and

        (b)     made personally liable for the amount payable in relation to the liability, after it becomes payable, to the extent of any amount that the agent is required to keep under paragraph (a); and

        (c)     indemnified by the taxpayer for all payments made on behalf of the taxpayer under a tax law.