Document ID: chunk:federal_register_of_legislation:C2019C00124:clause:3_11:p2
Version: federal_register_of_legislation:C2019C00124
Segment Type: clause
Provision Reference: sch 3 cl 11 (pt 2/13)
Character Range: 93847–96486

that subsection from the payment mentioned in that subsection if:
 (a) the payment arises because of the operation of section 12A‑205 (deemed payments); or
 (b) the payment is a *post‑AMMA actual payment in respect of a payment that so arises.
Note: Either or both of the trustee of the AMIT concerned and the custodian may have to pay the Commissioner an amount in respect of the deemed payment (see Subdivision 12A‑C).
 (4) Disregard this section for the purposes of section 12A‑15.

12A‑15  Dividend, interest or royalty payments relating to AMIT—requirement to give notice or make information available

AMITs and custodians
 (1) An entity that is an *AMIT or a *custodian must comply with subsection (2) if:
 (a) the entity makes a payment to another entity (the recipient) from which an amount would have been required to be withheld under Subdivision 12‑F if:
 (i) the entity were a company; and
 (ii) the payment had been made to a foreign resident; and
 (iii) the condition in either or both of paragraphs 12‑210(a) or (b), of paragraphs 12‑245(a) or (b) or of paragraphs 12‑280(a) or (b) (as the case requires) were satisfied; and
 (b) an amount is not required to be withheld from the payment because:
 (i) the recipient is not a foreign resident; or
 (ii) the 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 recipient in Australia, and the payment is attributable to the permanent establishment; and
 (c) 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.
 (2) The entity must:
 (a) give to the recipient a written notice containing the details specified in subsection (3); or
 (b) make those details available on a website in a way that the details are readily accessible to the recipient for not less than 5 continuous years.
 (3) The notice must be given, or the details must be made available on a website, before or at the time when the payment is made and:
 (a) must specify the part of the payment 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.

Other entities
 (4) An entity that is not an *AMIT or a *custodian must comply with subsection (5) if:
 (a) the entity receives a