Document ID: chunk:federal_register_of_legislation:C2025C00180:clause:1_4:p31
Version: federal_register_of_legislation:C2025C00180
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 31/43)
Character Range: 633813–636813

apply for is an amount equal to the amount of the payment, or the part of the payment that was made in error, as the case requires.
 (4) The Commissioner must refund the amount under subsection (3) if the Commissioner is satisfied that paragraphs (1)(a) and (b) apply and that it would be fair and reasonable to refund the amount, having regard to:
 (a) the circumstances that gave rise to the obligation (if any) to make the payment under section 14‑250; and
 (b) the nature of the error; and
 (c) any other matter the Commissioner considers relevant.

Subdivision 18‑C—Recipient's obligations

18‑100  Obligation to keep payment summary
 (1) An entity that is given a *payment summary and a copy of it in any financial year under this Part must retain the copy for:
 (a) 5 years after the end of that financial year; or
 (b) a shorter period determined by the Commissioner in writing for the entity; or
 (c) a shorter period determined by the Commissioner by legislative instrument for a class of entities that includes the entity.
 (1AA) A determination under paragraph (1)(c) may specify different periods for different classes of entities.
 (1A) An offence under subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

Subdivision 18‑D—Directors etc. of non‑complying companies

Table of sections

Object of Subdivision
18‑120 Object of Subdivision

PAYG withholding non‑compliance tax
18‑125 Directors of non‑complying companies
18‑130 Directors of non‑complying companies—tax reduced in certain circumstances
18‑135 Associates of directors of non‑complying companies
18‑140 Notices
18‑145 When PAYG withholding non‑compliance tax must be paid
18‑150 General interest charge payable on unpaid PAYG withholding non‑compliance tax
18‑155 Validity of decisions and evidence
18‑160 Rights of indemnity and contribution

Credits for later compliance
18‑165 Credits for later compliance—scope
18‑170 Credits for later compliance—Commissioner must give notice in certain circumstances
18‑175 Credits for later compliance—Commissioner may give notice
18‑180 Effect of earlier credits

Other provisions
18‑185 When Commissioner may give notice
18‑190 Review of decisions

Object of Subdivision

18‑120  Object of Subdivision
  The object of this Subdivision is to reverse the economic benefit of a credit under section 18‑15 (Tax credit for recipient of withholding payment) of a director, or an *associate of a director, of a company if:
 (a) the company does not comply with its obligations under subsection 16‑70(1) (obligation to pay amounts withheld to the Commissioner); and
 (b) the credit is attributable to *amounts withheld from *withholding payments made by the company to the director or associate;
until the company complies with its obligations.

PAYG withholding non‑compliance tax

18‑125  Directors of non‑complying companies

Liability to pay PAYG withholding non‑compliance tax
 (1) An individual must pay *PAYG withholding