Document ID: chunk:federal_register_of_legislation:C2025C00180:clause:1_4:p2
Version: federal_register_of_legislation:C2025C00180
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 2/43)
Character Range: 561982–564653

large withholder for a particular month (the current month) in a *financial year starting on or after 1 July 2001 if:
 (a) it was a *large withholder for June 2001; or
 (b) the *amounts withheld by the entity during a financial year ending at least 2 months before the current month exceeded $1 million; or
 (c) both of the following apply:
 (i) at the end of a financial year (the threshold year) ending at least 2 months before the current month, the entity was one of a number of companies that were at that time all members of the same *wholly‑owned group;
 (ii) the amounts withheld by those companies during the threshold year exceeded $1 million; or
 (d) the Commissioner determines under section 16‑115 that the entity is a large withholder for the current month.
Note: Different rules apply for working out who is a large withholder for a month in 2000‑01. See section 16‑125.

Exception
 (2) However, the entity is not a *large withholder if the Commissioner determines under section 16‑110 that it is a *medium withholder or a *small withholder for the current month.

16‑100  Meaning of medium withholder
 (1) An entity is a medium withholder for a particular month (the current month) in a *financial year starting on or after 1 July 2001 if it is not a *large withholder for that month and:
 (a) it was a *medium withholder for June 2001; or
 (b) the *amounts withheld by the entity during a financial year ending before the current month exceeded $25,000; or
 (c) the Commissioner determines under section 16‑110 or 16‑115 that the entity is a medium withholder for the current month.
Note: Different rules apply for working out who is a large withholder for a month in 2000‑01. See section 16‑125.
 (2) However, the entity is not a *medium withholder if the Commissioner determines under section 16‑110 or 16‑115 that the entity is a *large withholder or a *small withholder for the current month.

16‑105  Meaning of small withholder
  An entity is a small withholder for a particular month if:
 (a) there is at least one *amount withheld by the entity during that month; and
 (b) the entity is neither a *large withholder nor a *medium withholder for that month.

16‑110  Commissioner may vary withholder's status downwards
 (1) The Commissioner may, by giving written notice to a *withholder:
 (a) make the following determinations:
 (i) a determination that a *large withholder is a *medium withholder or a *small withholder;
 (ii) a determination that a medium withholder is a small withholder; or
 (b) revoke or vary any such determination.
 (2) The notice must state that the determination applies:
 (a) for specified months; or
 (b) for all months