Document ID: chunk:federal_register_of_legislation:C2004C01086:clause:1_1:p2
Version: federal_register_of_legislation:C2004C01086
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 2/4)
Character Range: 25321–28147

the recipient does not quote its tax file number (or, in some cases, its ABN). Section 12‑145 is about an investor becoming presently entitled to income of a unit trust.

 (2) The Commissioner's power to vary an amount includes the power to reduce the amount to nil.

 (3) A variation must be made by a written notice:
 (a) if it applies to a particular entity—that is given to that entity; or
 (b) if it applies to a class of entities—that is given to each of the entities, or a copy of which is published in the Gazette.

Subdivision 15‑B—Withholding schedules and regulations

Table of sections

15‑25 Commissioner's power to make withholding schedules
15‑30 Matters to be considered when making withholding schedules
15‑35 Regulations about withholding

15‑25  Commissioner's power to make withholding schedules

 (1) For the purposes of collecting income tax and the other liabilities referred to in paragraphs 11‑1(b) and (c), the Commissioner may make one or more withholding schedules specifying the amounts, formulas and procedures to be used for working out the *amount required to be withheld by an entity from a *withholding payment covered by Subdivision 12‑B, 12‑C or 12‑D.

 (2) A withholding schedule may deal differently with:
 (a) different payments; and
 (b) different circumstances of the recipients of those payments; and
 (c) different periods in respect of which those payments are made.
This subsection does not limit subsection 33(3A) of the Acts Interpretation Act 1901.

 (3) The Commissioner may withdraw a withholding schedule.

 (4) A withholding schedule, or the withdrawal of a withholding schedule:
 (a) only applies if a notice of it is published in the Gazette; and
 (b) only applies in relation to payments made after the day the notice is published, or after such later day as is specified by the Commissioner in the notice.

 (5) The Commissioner must make each withholding schedule publicly available.

15‑30  Matters to be considered when making withholding schedules

  The Commissioner must have regard to the following matters when making a withholding schedule:
 (a) the rates of income tax as specified in the Income Tax Rates Act 1986;
 (b) the rates of Medicare levy as specified in the Medicare Levy Act 1986;
 (c) the rates specified in section 106Q (about repayments of accumulated HEC debts) of the Higher Education Funding Act 1988;
 (d) any prescribed *tax offsets;
 (e) the family tax benefit (within the meaning of the A New Tax System (Family Assistance) Act 1999);
 (f) the periods in respect of which *withholding payments are made;
 (g) any other prescribed matter.

15‑35  Regulations about withholding

 (1) For the purposes of collecting income tax and the other liabilities referred to in section 11‑1, the regulations may specify the amounts, formulas and