Document ID: chunk:federal_register_of_legislation:C2004A00662:clause:1_26
Version: federal_register_of_legislation:C2004A00662
Segment Type: clause
Provision Reference: sch 1 cl 26
Character Range: 57220–58577

26  Application

(1) The amendments made by this Part of this Schedule apply to assessments for the 2000‑2001 income year and later income years.

(2) However, the Commissioner may, before 1 July 2000, declare in writing that the amendments made by this Part of this Schedule apply to an assessment that:
 (a) is an assessment for the 2000‑2001 income year or the 2001‑2002 income year; and
 (b) relates to a PPS entity that is included in a class of entities specified in the declaration;

 as if the entity were conducting a personal services business and subsection 87‑15(3) of the Income Tax Assessment Act 1997 did not apply. The declaration has effect accordingly.

(3) An entity is a PPS entity for the purposes of paragraph (2)(b) if:
 (a) on or before 13 April 2000, the entity was entitled to make, and had made, a payee declaration to an eligible paying authority under section 221YHB of the Income Tax Assessment Act 1936; and
 (b) the Commissioner had received the payee declaration for the entity from the eligible paying authority before the end of that day; and
 (c) the declaration was in force at the end of that day.

(4) In subitem (3), eligible paying authority and payee declaration have the same meanings as in Division 3A of Part VI of the Income Tax Assessment Act 1936.

Part 2—Amendment of the Taxation Administration Act 1953