Document ID: chunk:federal_register_of_legislation:C2012C00706:clause:1_14:p6
Version: federal_register_of_legislation:C2012C00706
Segment Type: clause
Provision Reference: sch 1 cl 14 (pt 6/11)
Character Range: 28651–31394

in that section;
is liable to pay to the Commissioner a penalty under Division 269 because the company has not complied with the obligation mentioned in item 1 of the table in subsection 269‑10(1) to pay to the Commissioner an *amount withheld to which paragraph 18‑125(1)(b) or 18‑135(1)(b) applies.
 (4) The notice must specify:
 (a) the company; and
 (b) the income year; and
 (c) the amount of the *PAYG withholding non‑compliance tax the individual must pay.

Effect of compliance between non‑compliance day and notice day
 (5) Subsections (6) and (7) apply if:
 (a) the company's liability to pay the total of the amounts mentioned in paragraph 18‑125(1)(c) or 18‑135(1)(c) to the Commissioner is discharged to any extent during the period:
 (i) starting on the day after the non‑compliance day; and
 (ii) ending on the day before the day the Commissioner gives the notice under this section to the individual; and
 (b) had all discharges of the company's liability occurring during that period occurred before the non‑compliance day:
 (i) the individual would not have been required to pay the *PAYG withholding non‑compliance tax in relation to the company for the income year; or
 (ii) the amount of PAYG withholding non‑compliance tax the individual would have been required to pay would have been less than the actual amount of PAYG withholding non‑compliance tax.
 (6) The amount of the *PAYG withholding non‑compliance tax the individual must pay is reduced:
 (a) in a case to which subparagraph (5)(b)(i) applies—to nil; or
 (b) otherwise—to the amount of PAYG withholding non‑compliance tax the individual would have been required to pay as mentioned in subparagraph (5)(b)(ii).
 (7) The amount of the *PAYG withholding non‑compliance tax the individual must pay is treated as always having been that amount as reduced under subsection (6).

18‑145  When PAYG withholding non‑compliance tax must be paid
 (1) The *PAYG withholding non‑compliance tax an individual must pay for an income year is due and payable at the earliest time any of the income tax the individual must pay for the *financial year to which the income year relates is due and payable.
Note: Division 5 of the Income Tax Assessment Act 1997 explains how to work out when to pay your income tax.
 (2) For the purposes of subsection (1), if the individual is not required to pay income tax for the *financial year:
 (a) treat the individual as being required to pay income tax for the financial year; and
 (b) if the Commissioner has made an assessment that the income tax the individual is required to pay is nil—treat that assessment as being for an amount greater than nil.
Note: See Part 4‑15 in this Schedule for collection and recovery provisions.

18‑150