Document ID: chunk:federal_register_of_legislation:C2010C00613:clause:10_41:p4
Version: federal_register_of_legislation:C2010C00613
Segment Type: clause
Provision Reference: sch 10 cl 41 (pt 4/7)
Character Range: 80417–83187

with the requirement.

Note 1: The conditions for an entity to be entitled to be endorsed are set out in:

(a) subsections 176‑1(2) and 176‑5(2) of the A New Tax System (Goods and Services Tax) Act 1999; and

(b) subsections 123C(2) and (4), 123D(2) and 123E(2) of the Fringe Benefits Tax Assessment Act 1986; and

(c) sections 30‑120 and 50‑105 of the Income Tax Assessment Act 1997.

Note 2: Failure to comply with this subsection is an offence against section 8C. Also, the Commissioner may revoke the endorsement of the entity under section 426‑55 if it fails to comply with this subsection.

Note 3: Section 426‑50 modifies the way this subsection operates in relation to partnerships and unincorporated bodies.

 (2) The requirement:
 (a) is to be made by notice in writing to the entity; and
 (b) may ask the entity to give the information in writing; and
 (c) must specify:
 (i) the information or document the entity is to give; and
 (ii) the period within which the entity is to give the information or document.
The period specified under subparagraph (c)(ii) must end at least 28 days after the notice is given.

 (3) The Commissioner may give the notice by way of electronic transmission. This does not limit the ways in which the Commissioner may give the notice.

 (4) If the requirement is for the entity to give information in writing, the document setting out the information:
 (a) must be given to the Commissioner; and
 (b) may be *lodged electronically; and
 (c) must be signed for the entity, or include the entity's *electronic signature if the document is lodged electronically.

426‑45  Telling Commissioner of loss of entitlement to endorsement

 (1) Before, or as soon as practicable after, an entity that is endorsed ceases to be entitled to be endorsed, the entity must give the Commissioner written notice of the cessation.

Note 1: Failure to comply with this subsection is an offence against section 8C.

Note 2: Section 426‑50 modifies the way this subsection operates in relation to partnerships and unincorporated bodies.

 (2) The notice:
 (a) may be *lodged electronically; and
 (b) must be signed for the entity, or include the entity's *electronic signature if the document is lodged electronically.

 (3) Subsection (1) does not apply to an entitlement to endorsement ceasing because the entity ceases to have an *ABN.

426‑50  Partnerships and unincorporated bodies

Application to partnerships

 (1) If, apart from this subsection, section 426‑40 or 426‑45 would impose an obligation on a partnership, the obligation is imposed on each partner, but may be discharged by any of the partners.

Application to unincorporated bodies

 (2) If, apart from this subsection, section 426‑40 or 426‑45 would impose an obligation on an