Document ID: chunk:federal_register_of_legislation:C2025C00014:section:202ec:p1
Version: federal_register_of_legislation:C2025C00014
Segment Type: section
Provision Reference: s 202EC (pt 1/2)
Character Range: 1732658–1735114

202EC  Entities not required to lodge income tax returns
 (1) For the purposes of this Part, where:
 (a) an entity that is not required to furnish to the Commissioner a return under section 161 in respect of a year of income is, at any time during that year, an investor in relation to an investment to which this Part applies; and
 (b) the entity does not have a tax file number;
the entity shall be taken to have quoted its tax file number in connection with the investment if the investment body concerned is given the following information by the eligible representative in a manner approved by the Commissioner:
 (c) the name and address of the entity;
 (d) the reason why the entity is not obliged to furnish to the Commissioner a return under section 161 in respect of the year of income.
 (3) An entity that, as an entity that is not required to furnish to the Commissioner a return under section 161 in respect of a year of income, is to be taken, because of this section, to have quoted its tax file number in connection with an investment shall continue to be taken to have, because of this section, quoted the number in connection with the investment until 2 months after the end of the first year of income, following the time at which the entity is to be taken to have quoted the number, in respect of which the entity is required so to furnish a return.
 (4) Where an entity in respect of which information has been given to an investment body under subsection (1) in connection with an investment becomes obliged under section 161 to furnish a return in respect of a year of income, the person who is the public officer of the entity for the purposes of this Act commits an offence if:
 (a) the entity is, at the end of the year of income, still an investor in relation to the investment; and
 (b) the investment body is not, within 2 months after the end of the year of income, informed of the entity's tax file number or informed that the entity is obliged to furnish the return.
Penalty: 10 penalty units.
 (5) For the purposes of this section, a person is an eligible representative of an entity if the person is:
 (a) where the entity is a body corporate—a person who is any one or more of the following:
 (i) the public officer of the body corporate for the purposes of this Act;
 (ii) an officer of the body corporate within the meaning of section 8Y of the Taxation Administration Act 1953;
 (iii) a receiver of property of the body