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This is a Bill, not an Act. For current law, see the Acts databases.
REVENUE LEGISLATION AMENDMENT BILL 2004
2004
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Treasurer)
Revenue
Legislation Amendment Bill 2004
Contents
Page
2004
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Treasurer)
Revenue Legislation
Amendment Bill 2004
A Bill for
An Act to amend the
Payroll Tax Act 1987 and the
Taxation Administration Act 1999
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Revenue Legislation Amendment Act 2004.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
Part
2 Payroll Tax Act
1987
3 Legislation
amended—pt 2
This part amends the Payroll Tax Act 1987.
insert
11A Joint and several liability of group
members
If a member of a group fails to pay an amount that the member is required
to pay under this Act in relation to any period, every member of the group is
liable jointly and severally to pay the amount to the commissioner.
Note The commissioner may recover the amount from the members of the
group, any of them or any 1 of them (see the Taxation Administration Act
1999, s 50 (1)).
Part
3 Taxation Administration Act
1999
5 Legislation
amended—pt 3
This part amends the Taxation Administration Act 1999.
6 New
division 7.1 heading
before section 48, insert
Division 7.1 General
after section 56, insert
Division 7.2 Recovery of tax from directors
of corporations
56A Definitions for div 7.2
In this division:
arrangement, for payment of an assessment amount, means an
extension of time for payment, or the acceptance of payment by instalments,
under section 52 (Arrangements for payment of tax).
assessment amount, for a corporation, means the amount of tax
liability in an assessment notice issued to the corporation.
56B Liability of directors and former directors for
amounts of tax
(1) This section applies if a corporation does not pay an assessment
amount.
(2) The commissioner may give a written notice about the assessment amount
(a compliance notice) to 1 or more of the following:
(a) a director of the corporation;
(b) a person who was a director of the corporation when the corporation
first became liable to pay the assessment amount, or any part of the assessment
amount, or at any time afterwards (a former director).
Note For how documents may be served, see Legislation Act,
pt 19.5.
(3) The compliance notice must state—
(a) the assessment amount; and
(b) a period (of at least 21 days after the day the notice is given to the
director or former director) within which the notice must be complied with;
and
(c) that the director or former director will be liable to pay the
assessment amount if the amount is not paid, or the assessment is not withdrawn,
within the stated period.
(4) If the assessment amount is not paid, or the assessment is not
withdrawn, within the period stated in the compliance notice, the director or
former director is jointly and severally liable with the corporation to pay the
assessment amount.
(5) For this section, an assessment is taken to be withdrawn
if—
(a) the commissioner makes an arrangement with the corporation for the
payment of the assessment amount; or
(b) an administrator of the corporation is appointed under the
Corporations Act, part 5.3A; or
(c) the corporation begins to be wound up within the meaning of the
Corporations Act.
(6) A person does not cease to be liable to pay an assessment amount
because the person ceases to be a director of the corporation.
(7) A former director of a corporation is not liable for any tax for which
the corporation first became liable after the director ceased to be a director
of the corporation, other than interest on an assessment amount for which the
former director is liable.
56C Failure to comply with arrangement for
payment
(1) This section applies if—
(a) a compliance notice is given to a director or former director of a
corporation under section 56B in relation to an assessment amount; and
(b) the assessment is taken to be withdrawn because the commissioner makes
an arrangement for payment with the corporation; and
(c) the corporation fails to pay the assessment amount in accordance with
the arrangement.
(2) The commissioner may give a further compliance notice to the director
or former director for the amount or any part of the amount.
56D Right of indemnity of director or former
director
(1) This section applies if a director or former director of a corporation
is liable to pay an amount under this division and an amount is paid by the
director or former director in discharge of the liability.
(2) The director or former director is entitled to be indemnified by the
corporation for payment of the amount.
56E Defence to proceeding for recovery of tax from
director or former director
It is a defence to a proceeding for recovery of an assessment amount from a
director or former director of a corporation if the director or former director
establishes that he or she took all reasonable steps in the circumstances to
ensure that the corporation paid the assessment amount.
8 Dictionary,
new definitions
insert
arrangement, for payment of an assessment amount, for
division 7.2 (Recovery of tax from directors of corporations)—see
section 56A.
assessment amount, for a
corporation, for division 7.2 (Recovery of tax from directors of
corporations)—see section 56A.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2004.
2 Notification
Notified under the Legislation Act on 2004.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
©
Australian Capital Territory 2004
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