Commonwealth Consolidated Regulations

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TAXATION ADMINISTRATION REGULATIONS 1976 - REG 35

Part VA investment payments below certain thresholds (Act s 12-140 and 12-145 of Schedule 1)

         (1)   An amount is not required to be withheld from a payment mentioned in regulation 34 if:

                (a)    the payment is not a payment in relation to an investment mentioned in item 6 (shares in a public company) in the table in subsection 202D (1) of the Income Tax Assessment Act 1936 ; and

               (b)    the payment is to be made to an investor:

                          (i)    who had not turned 16 on the 1 January before the date on which the payment was made; and

                         (ii)    about whose age the investment body is aware; and

                (c)    the amount of the payment is less than:

                          (i)    in the case of a payment in respect of the whole of a financial year -- $420; and

                         (ii)    in any other case -- an amount worked out using the formula:

                                 where:

                                 P is the number of days in the period in the financial year in respect of which the amount is payable.

         (2)   If a payment mentioned in regulation 34:

                (a)    is not of the kind described in subregulation (1); and

               (b)    is in respect of an investment of a kind mentioned in item 1 or 2 in the table in subsection 202D (1) of the Income Tax Assessment Act 1936 ; and

                (c)    is an amount of less than:

                          (i)    in the case of a payment in respect of the whole of a financial year -- $120; and

                         (ii)    in any other case -- the amount worked out using the formula:

                                 where:

                                 P is the number of days in the period in the financial year in respect of which the amount is payable;

                an amount is not required to be withheld from the payment.



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