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A NEW TAX SYSTEM (TAX ADMINISTRATION) ACT 1999 NO. 179, 1999 - SCHEDULE 18

- Consequential amendment of Chapter 6 (the Dictionary) of the Income Tax Assessment Act 1997

1 Subsection 995-1(1)

Insert:

acceptable amount of an instalment for an * instalment quarter has the meaning given by section 45-232 in Schedule 1 to the Taxation Administration Act 1953 .

2 Subsection 995-1(1) (definition of amount required to be withheld )

Omit "16-15", substitute "15-15".

3 Subsection 995-1(1) (definition of assessment )

Repeal the definition, substitute:

assessment , in relation to a * tax-related liability, has the meaning given by a * taxation law that provides for the assessment of the amount of the liability.

Note: The table lists provisions of taxation laws that define assessment .


Taxation laws that define assessment
Item
Taxation law
Provision
1
Income Tax Assessment Act 1936
subsection 6(1)
5
Fringe Benefits Tax Assessment Act 1986
subsection 136(1)
10
Petroleum Resource Rent Tax Assessment Act 1987
section 2
15
Superannuation Guarantee (Administration) Act 1992
section 6
20
Superannuation Contributions Tax (Assessment and Collection) Act 1997
section 43
25
Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997
section 38
30
Termination Payments Tax (Assessment and Collection) Act 1997
section 31

4 Subsection 995-1(1)

Insert:

BAS amounts means any debts or credits that arise directly under the * BAS provisions.

Note: BAS stands for Business Activity Statement.

5 Subsection 995-1(1)

Insert:

BAS provisions means:

(a)
Part VII of the Fringe Benefits Tax Assessment Act 1986 ; and

(b)
the indirect tax law (within the meaning of Part VI of the Taxation Administration Act 1953 ); and

(c)
Parts 2-5 and 2-10 in Schedule 1 to the Taxation Administration Act 1953 (which are about the PAYG system); and

(d)
the following:

(i)
section 221AZK of the Income Tax Assessment Act 1936 in cases in which section 221AZKC applies (that section allows deferral of tax instalment payments);
(ii)
section 221AZKD (which requires notification of deferred tax instalment payments).
Note: BAS stands for Business Activity Statement.

6 Subsection 995-1(1)

Insert:

Commissioner assessment has the meaning given by section 14ZAA of the Taxation Administration Act 1953 .

7 Subsection 995-1(1)

Insert:

deductible gift recipient has the meaning given by section 30-227.

8 Subsection 995-1(1)

Insert:

Division 405 payment has the meaning given by section 405-5 in Schedule 1 to the Taxation Administration Act 1953 .

9 Subsection 995-1(1)

Insert:

Division 405 report has the meaning given by section 405-10 in Schedule 1 to the Taxation Administration Act 1953 .

10 Subsection 995-1(1)

Insert:

Division 410 payment has the meaning given by section 410-5 in Schedule 1 to the Taxation Administration Act 1953 .

11 Subsection 995-1(1)

Insert:

Division 410 report has the meaning given by section 410-10 in Schedule 1 to the Taxation Administration Act 1953 .

12 Subsection 995-1(1)

Insert:

Division 415 payment has the meaning given by section 415-5 in Schedule 1 to the Taxation Administration Act 1953 .

13 Subsection 995-1(1)

Insert:

Division 417 payment has the meaning given by section 417-5 in Schedule 1 to the Taxation Administration Act 1953 .

14 Subsection 995-1(1)

Insert:

financial institution has the meaning given by section 202A of the Income Tax Assessment Act 1936 .

15 Subsection 995-1(1)

Insert:

fringe benefits tax law has the meaning given by section 14ZAAA of the Taxation Administration Act 1953 .

16 Subsection 995-1(1)

Insert:

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

17 Subsection 995-1(1)

Insert:

GST return has the same meaning as in section 195-1 of the * GST Act.

18 Subsection 995-1(1)

Insert:

income tax law has the meaning given by section 14ZAAA of the Taxation Administration Act 1953 .

19 Subsection 995-1(1)

Insert:

listed widely held trust has the meaning given by section 272-115 in Schedule 2F to the Income Tax Assessment Act 1936 .

20 Subsection 995-1(1)

Insert:

lodge electronically : a document is lodged electronically if it is transmitted to the Commissioner in an electronic format approved by the Commissioner.

21 Subsection 995-1(1)

Insert:

net amount has the same meaning as in section 195-1 of the * GST Act.

22 Subsection 995-1(1)

Insert:

oral ruling means a ruling applied for under section 360-20 or 360-25 in Schedule 1 to the Taxation Administration Act 1953 .

23 Subsection 995-1(1)

Insert:

oral ruling arrangement has the meaning given by section 360-30 in Schedule 1 to the Taxation Administration Act 1953 .

24 Subsection 995-1(1)

Insert:

outstanding tax-related liability of an entity at a particular time means a * tax-related liability of the entity:

(a)
that has arisen at or before that time (whether or not it is due and payable at that time); and

(b)
an amount of which has not been paid before that time.

25 Subsection 995-1(1)

Insert:

PAYG withholding branch has the meaning given by section 16-142 in Schedule 1 to the Taxation Administration Act 1953 .

26 Subsection 995-1(1) (definition of PAYE earner )

Repeal the definition.

27 Subsection 995-1(1) (definition of PAYE earnings )

Repeal the definition.

28 Subsection 995-1(1)

Insert:

private ruling has the meaning given by section 14ZAA of the Taxation Administration Act 1953 .

29 Subsection 995-1(1)

Insert:

self assessment has the meaning given by section 14ZAA of the Taxation Administration Act 1953 .

30 Subsection 995-1(1)

Insert:

tax affairs means affairs relating to * tax.

31 Subsection 995-1(1)

Insert:

tax audit means an examination of a person's financial affairs by the Commissioner for the purposes of an * income tax law or * fringe benefits tax law.

32 Subsection 995-1(1)

Insert:

tax debt has the same meaning as in section 8AAZA of the Taxation Administration Act 1953 .

33 Subsection 995-1(1)

Insert:

taxation law means:

(a)
an Act of which the Commissioner has the general administration; or

(b)
regulations under such an Act.

34 Subsection 995-1(1)

Insert:

tax-related liability has the meaning given by section 255-1 in Schedule 1 to the Taxation Administration Act 1953 .

35 Subsection 995-1(1)

Insert:

TFN declaration means a declaration made for the purposes of section 202C of the Income Tax Assessment Act 1936 on or after 1 July 2000.

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

Repeal the paragraph, substitute:

(b)
Part IVC of the Taxation Administration Act 1953 , so far as that Part relates to:

(i)
this Act or the Income Tax Assessment Act 1936 ; or
(ii)
Schedule 1 to the Taxation Administration Act 1953 ; and

37 Subsection 995-1(2)

Repeal the subsection, substitute:

(2)
So far as a provision of the Income Tax Assessment Act 1997 gives an expression a particular meaning, the provision:

(a)
does not also have effect for the purposes of the Income Tax Assessment Act 1936 (the 1936 Act ), except as provided in the 1936 Act; and

(b)
does not also have effect for the purposes of Part IVC of the Taxation Administration Act 1953 , except as provided in that Part.

[ Minister's second reading speech made in—
House of Representatives on 2 September 1999
Senate on 12 October 1999 ]

(177/99)


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