(1) The Commissioner
may —
(a) for
the purposes of the Pay-roll Tax Act 2002 section 9(a), nominate —
(i)
an amount of Australian taxable wages that it is
estimated will be payable by an interstate non-group employer during an
assessment year in the sliding scale period; and
(ii)
a number of days in the assessment year during which it
is estimated that Australian taxable wages will be payable by the employer;
or
(b) for
the purposes of the Pay-roll Tax Act 2002 section 11(a), nominate —
(i)
an amount of Australian taxable wages that it is
estimated will be payable by all members of a group during an assessment year
in the sliding scale period; and
(ii)
a number of days in the assessment year during which it
is estimated that Australian taxable wages will be payable by at least one
member of the group.
(2) The Commissioner
may make or vary a nomination under this section —
(a) on
the Commissioner’s own initiative, having regard to the amounts of
Australian taxable wages previously paid or payable by the employer, or by all
members of the group, and any other relevant matters; or
(b) on
application by the interstate non-group employer, or by a member of the group,
having regard to the information included in the application and any other
relevant matters.
(3) The Commissioner
may cancel a nomination under this section at any time.
(4) As soon as
practicable after making, varying or cancelling a nomination under this
section, the Commissioner must notify the employer, or each member of the
group, to which the nomination relates of —
(a) the
making, variation or cancellation of the nomination; and
(b) in
the case of the making or variation of a nomination — the first
progressive return period to which the nomination, or the nomination as
varied, applies (which may be any period in the assessment year, including a
period that has ended).
(5) Subject to any
cancellation or variation, a nomination under this section applies to the
progressive return period specified under subsection (4)(b) and each
subsequent progressive return period in the assessment year.
(6) Subject to the
Taxation Administration Act 2003 section 17, the Commissioner must make any
reassessment necessary to give effect to the making or variation of a
nomination under this section.
[Section 23A inserted: No. 20 of 2017 s. 8.]