Document ID: chunk:federal_register_of_legislation:C2010C00715:clause:1_1:p3
Version: federal_register_of_legislation:C2010C00715
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 3/21)
Character Range: 14705–18357

retirement payment, an eligible termination payment or an annuity                   section 12‑60 (payment under a labour hire arrangement or specified by regulations); or
                                                                                                                                                                                                   section 12‑190 (payment for a supply where recipient does not quote its ABN)
    3                                                                 section 12‑110, 12‑115 or 12‑120       a payment of benefit or compensation                                                  section 12‑60 (payment under a labour hire arrangement or specified by regulations); or
                                                                                                                                                                                                   section 12‑190 (payment for a supply where recipient does not quote its ABN)
    4                                                                 section 12‑60                          a payment under a labour hire arrangement or specified by regulations                 section 12‑190 (payment for a supply where recipient does not quote its ABN)
    5                                                                 section 12‑140 or 12‑145               a payment arising from investment where the recipient does not quote tax file number  section 12‑210, 12‑215, 12‑245, 12‑250 or 12‑255 (payment of a dividend or interest)
    6                                                                 section 12‑280 or 12‑285               a payment of royalty                                                                  section 12‑325 (natural resource payment)

Note: Some provisions of this Division clearly do not cover a payment covered by some other provisions. For example:
  *   Section 12‑55 (about voluntary agreements) covers a payment only if no other provision requires the payer to withhold an amount from the payment.

12‑10  Division does not apply to non‑cash benefits

  This Division does not apply to a payment in so far as it consists of providing a *non‑cash benefit.

Note: If a non‑cash benefit is provided in circumstances where a payment would give rise to a withholding obligation, the provider must pay an amount to the Commissioner: see Division 14.

12‑15  Amounts to be expressed in Australian currency

  The amount that this Division requires to be withheld from a payment made in foreign currency:
 (a) is to be expressed in Australian currency; and
 (b) is to be worked out on the basis of the exchange rate applicable when the amount is required to be withheld under this Division.

Subdivision 12‑B—Payments for work and services

Table of sections

12‑35 Payment to employee
12‑40 Payment to company director
12‑45 Payment to office holder
12‑50 Return to work payment
12‑55 Voluntary agreement to withhold
12‑60 Payment under labour hire arrangement, or specified by regulations

12‑35  Payment to employee

  An entity must withhold an amount from salary, wages, commission, bonuses or allowances it pays to an individual as an employee (whether of that or another entity).

For exceptions, see section 12‑1.

12‑40  Payment to company director

  A company must withhold an amount from a payment of remuneration it makes to an individual:
 (a) if the company is incorporated—as a director of the company, or as a person who performs the duties of a director of the company; or
 (b) if the company is not incorporated—as a member of the committee of management of the company, or as