Document ID: chunk:federal_register_of_legislation:C2019C00124:clause:3_11:p3
Version: federal_register_of_legislation:C2019C00124
Segment Type: clause
Provision Reference: sch 3 cl 11 (pt 3/13)
Character Range: 96247–98955

make the details available as required by this section incurs an administrative penalty: see section 12A‑20.

Other entities
 (4) An entity that is not an *AMIT or a *custodian must comply with subsection (5) if:
 (a) the entity receives a payment; and
 (b) another entity (the subsequent recipient) is or becomes entitled:
 (i) to receive from the entity; or
 (ii) to have the entity credit to the subsequent recipient, or otherwise deal with on the subsequent recipient's behalf or as the subsequent recipient directs;
  an amount attributable to the payment; and
 (c) the entity would have been required to withhold an amount from the payment under subsection 12‑215(1), 12‑250(1) or 12‑285(1) if the subsequent recipient had been a foreign resident; and
 (d) an amount is not required to be withheld from the payment because:
 (i) the subsequent recipient is not a foreign resident; or
 (ii) the subsequent recipient is a foreign resident carrying on business in Australia at or through a permanent establishment (within the meaning of subsection 128B(3F) of the Income Tax Assessment Act 1936) of the subsequent recipient in Australia, and the payment is attributable to the permanent establishment; and
 (e) the payment is any of the following:
 (i) a payment that arises because of the operation of section 12A‑205 (deemed payments);
 (ii) a *pre‑AMMA actual payment in respect of a payment that so arises.
 (5) The entity must:
 (a) give to the subsequent recipient a written notice containing the details specified in subsection (6); or
 (b) make those details available on a website in a way that the details are readily accessible to the subsequent recipient for not less than 5 continuous years.
 (6) The notice must be given, or the details must be made available on a website, before or at the time when the amount is paid or credited to the subsequent recipient, or is dealt with on the subsequent recipient's behalf or as the subsequent recipient directs, and:
 (a) must specify the part of the payment referred to in paragraph (4)(a) from which an amount would have been so required to have been withheld; and
 (b) must specify the income year of the *AMIT to which that part relates.
Note: Failure to give the notice or make the details available as required by this section incurs an administrative penalty: see section 12A‑20.

12A‑20  Failure to give notice or make information available under section 12A‑15: administrative penalty
  An entity that:
 (a) is required to give a notice, or make details available on a website, under section 12A‑15 in relation to:
 (i) a payment made to another entity; or
 (ii) an amount paid or credited to, or dealt with on behalf of or as directed by,