Document ID: chunk:federal_register_of_legislation:C2025C00029:section:115:p2
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 115 (pt 2/40)
Character Range: 6503616–6506414

notice of the group liability under subsection (5); and
 (c) apart from the operation of subsection 721‑25(3), the contributing member left the group clear of the group liability in accordance with section 721‑35; and
 (d) the contributing member gave the Commissioner a copy of the tax sharing agreement (that is, the relevant agreement mentioned in paragraph 721‑25(1)(a)) in the *approved form; and
 (e) if the Commissioner gave the contributing member written notice of the group liability under subsection (5) (ignoring subsection 721‑17(2))—the contributing member gave that copy of the agreement to the Commissioner within 14 days after that notice was given.
 (4) The joint and several liability of the contributing members under subsection (1) arises just after the *head company's due time.
 (5) The joint and several liability of a particular contributing member under subsection (1) becomes due and payable by the member 14 days after the Commissioner gives the member written notice under this subsection of the liability.
Note 1: If the Commissioner gives this notice to one contributing member, and gives this notice to another contributing member on another day, the 2 contributing members will have different due and payable dates for the same liability.
Note 2: This section does not affect the time at which the group liability arose for, or became due and payable by, the head company.
 (5A) Despite subsection (5), if the group liability is *general interest charge for a day, the joint and several liability of a particular contributing member under subsection (1) becomes due and payable by the member at the end of the day on which the Commissioner gives the member written notice of the liability under subsection (5).
 (6) To the extent that the contributing members' liability under subsection (1) is not a liability for income tax, that liability is to be treated as a liability for income tax for the purposes of section 254 of the Income Tax Assessment Act 1936.

721‑17  Notice of joint and several liability for general interest charge
 (1) This section operates if:
 (a) the group liability is *general interest charge for a day in relation to another liability (the primary liability); and
 (b) the Commissioner gives a particular contributing member written notice under subsection 721‑15(5) of the group liability; and
 (c) general interest charge arises for a subsequent day in relation to the primary liability; and
 (d) the general interest charge for the subsequent day has not been paid or otherwise discharged in full by the time it became due and payable.
 (2) The Commissioner is taken to have given the contributing member written notice under subsection 721‑15(5) of the *general interest charge for the subsequent day. The notice is taken to have been