Document ID: chunk:federal_register_of_legislation:C2006C00616:clause:1_8:p5
Version: federal_register_of_legislation:C2006C00616
Segment Type: clause
Provision Reference: sch 1 cl 8 (pt 5/6)
Character Range: 29092–31736

of the penalty are calculated.

Subdivision 286‑B—Object of Division

Table of sections

286‑25 Object of Division

286‑25  Object of Division

  The object of this Division is to provide a uniform administrative penalty regime for all *taxation laws to enable administrative penalties to apply for failure to give returns, notices, statements or other documents to the Commissioner on time.

Subdivision 286‑C—Penalties for failing to lodge documents on time

Table of sections

286‑75 Liability to penalty
286‑80 Amount of penalty

[This is the end of the Guide.]

286‑75  Liability to penalty

 (1) You are liable to an administrative penalty if:
 (a) you are required under a *taxation law to give a return, notice, statement or other document to the Commissioner in the *approved form by a particular day; and
 (b) you do not give the return, notice, statement or document to the Commissioner in the approved form by that day.

 (2) Subsection (1) does not apply to a return, notice, statement or other document under any of these Acts:
 (a) the Superannuation Contributions Tax (Assessment and Collection) Act 1997;
 (b) the Superannuation Guarantee (Administration) Act 1992; or
 (c) the Superannuation (Self Managed Superannuation Funds) Supervisory Levy Imposition Act 1991.

286‑80  Amount of penalty

 (1) The amount of the penalty is worked out in this way:
 (a) work out the *base penalty amount under subsection (2); and
 (b) work out whether the base penalty amount is increased under subsection (3) or (4).

 (2) The base penalty amount for failing to lodge a return, notice or other document on time or in the *approved form is 1 penalty unit for each period of 28 days or part of a period of 28 days starting on the day when the document is due and ending when you give it to the Commissioner (up to a maximum of 5 penalty units).

Note: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

Example: An entity lodges a return 31 days late. The base penalty amount under subsection (2) is 2 penalty units.

 (3) The *base penalty amount is multiplied by 2 if:
 (a) the entity concerned is a *medium withholder for the month in which the return, notice or other document was required to be given; or
 (b) the entity's assessable income for the income year in which the return, notice or other document is required to be given is more than $1 million but less than $20 million; or
 (c) the entity's *current annual turnover worked out at a time in the month in which the return, notice or other document was required to be given is more than $1 million but less than $20 million.

 (4) The *base