Document ID: chunk:federal_register_of_legislation:C2011C00610:clause:1_10:p1
Version: federal_register_of_legislation:C2011C00610
Segment Type: clause
Provision Reference: sch 1 cl 10 (pt 1/4)
Character Range: 15094–17910

10  At the end of Part 4‑15 in Schedule 1
Add:

Division 268—Estimates and recovery of PAYG withholding liabilities

Table of Subdivisions

 Guide to Division 268
268‑A Object
268‑B Making estimates
268‑C Liability to pay estimates
268‑D Reducing and revoking estimates
268‑E Late payment of estimates
268‑F Miscellaneous

Guide to Division 268

268‑1  What this Division is about

      This Division enables the Commissioner to make an estimate of amounts not paid as required by Part 2‑5 (Pay as you go (PAYG) withholding), and to recover the amount of the estimate.
      If you are given an estimate, you are liable to pay the amount of the estimate. That liability is distinct from your liability to pay the amounts required by Part 2‑5. However, you can ensure that the Commissioner does not require you to pay more than the amounts not paid under that Part.
      Other Divisions of this Part provide for the recovery of amounts payable under this Division.

Subdivision 268‑A—Object

Table of sections

268‑5 Object of Division

268‑5  Object of Division

  The object of this Division is to enable the Commissioner to take prompt and effective action to recover amounts not paid as required by Part 2‑5 (Pay as you go (PAYG) withholding).

Subdivision 268‑B—Making estimates

Table of sections

268‑10 Commissioner may make estimate
268‑15 Notice of estimate

268‑10  Commissioner may make estimate

Estimate

 (1) The Commissioner may estimate the unpaid and overdue amount of a liability (the underlying liability) of yours under section 16‑70.

Note: Section 16‑70 requires you to pay to the Commissioner amounts you have withheld under the Pay as you go withholding rules.

Amount of estimate

 (2) The amount of the estimate must be what the Commissioner thinks is reasonable.

 (3) In making the estimate, the Commissioner may have regard to anything he or she thinks relevant.

Example: The Commissioner may have regard to information about amounts you withheld under the Pay as you go rules before the period in relation to which the underlying liability arose.

Only one estimate for each liability

 (4) While the estimate is in force, the Commissioner cannot make another estimate relating to the underlying liability.

 (5) For the purposes of subsection (4), the estimate is in force if:
 (a) the Commissioner has given you notice of the estimate; and
 (b) the estimate has not been revoked; and
 (c) your liability to pay the estimate has not been discharged.

268‑15  Notice of estimate

Commissioner must give notice of estimate

 (1) The Commissioner must give you written notice of the estimate.

Content of notice

 (2) The notice must:
 (a) identify the underlying liability; and
 (b) specify the date of the estimate; and
 (c) set out the amount of the estimate; and
 (d)