Document ID: chunk:federal_register_of_legislation:C2025C00180:clause:1_6:p51
Version: federal_register_of_legislation:C2025C00180
Segment Type: clause
Provision Reference: sch 1 cl 6 (pt 51/63)
Character Range: 465971–468661

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, another entity; and
 (b) fails to comply with that section;
is liable to pay to the Commissioner a penalty equal to the amount that would have been required to be withheld under this Subdivision (disregarding section 12‑300) in relation to amounts attributable to the payment or amount if the notice had been given or the details had been made available.
Note: Division 298 in this Schedule contains machinery provisions for administrative penalties.

12A‑25  Meaning of AMIT DIR payment
  An AMIT DIR payment means any of the following:
 (a) an *AMIT dividend payment;
 (b) an *AMIT interest payment;
 (c) an *AMIT royalty payment.

12A‑30  Meaning of AMIT dividend payment
 (1) This section applies to a trust that is an *AMIT for an income year.
 (2) The