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TAX LAWS AMENDMENT (2005 MEASURES NO. 2) ACT 2005 NO. 78, 2005 - SCHEDULE 4

- Changing from annual to quarterly payment of PAYG instalments

Taxation Administration Act 1953

1
Subsection 45-50(3) in Schedule 1 (note)

Repeal the note.

2
Paragraph 45-125(2)(b) in Schedule 1

Omit "year; or", substitute "year.".

3
Paragraph 45-125(2)(c) in Schedule 1

Repeal the paragraph.

4
Section 45-150 in Schedule 1

Repeal the section, substitute:

45-150 Entity stops being annual payer if involved with GST registration or instalment group
(1)
You stop being an * annual payer if, during an * instalment quarter that is in an income year that starts after the commencement of this section:

(a) you become * registered, or * required to be registered, under Part 2-5 of the * GST Act; or
(b) you become a partner in a partnership that is registered, or required to be registered, under that Part; or
(c) a partnership in which you are a partner becomes registered, or required to be registered, under that Part; or
(d) in the case of a company—the company becomes a * participant in a * GST joint venture under Division 51 of that Act; or
(e) in the case of a company—the company becomes part of an * instalment group.

(2)
If you stop being an * annual payer under subsection (1):

(a) you must still pay an annual instalment for the income year mentioned in that subsection; and
(b) you must pay an instalment for each instalment quarter in the next income year for which subsection 45-50(1) or (2) requires you to do so.

(3)
You may again become an * annual payer if:

(a) you again satisfy the conditions in section 45-140; and
(b) you again choose under that section to pay instalments annually.

5
Saving

Despite:

(a) the repeal of paragraph 45-125(2)(c) in Schedule 1 to the Taxation Administration Act 1953 ; and
(b) the repeal and substitution of section 45-150 in that Schedule;

by this Schedule, that paragraph and section, as in force immediately before the repeal, continue to apply in relation to income years starting before the day on which this Act receives the Royal Assent.



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