Document ID: chunk:federal_register_of_legislation:C2012C00706:clause:1_14:p2
Version: federal_register_of_legislation:C2012C00706
Segment Type: clause
Provision Reference: sch 1 cl 14 (pt 2/11)
Character Range: 18662–21388

of the individual.
Note: For the purposes of paragraph (1)(d), it does not matter whether the company pays the amounts withheld from the withholding payments made to the individual to the Commissioner under subsection 16‑70(1).
 (2) This subsection applies to *amounts withheld that the company was required to pay to the Commissioner on or before a particular day (the payment day) under subsection 16‑70(1), if:
 (a) both of the following subparagraphs apply:
 (i) the individual was a director (within the meaning of the Corporations Act 2001) of the company on the payment day;
 (ii) the company did not pay the total of those amounts to the Commissioner in accordance with subsection 16‑70(1) on or before the payment day; or
 (b) all of the following subparagraphs apply:
 (i) the individual became a director of the company after the payment day;
 (ii) the individual was still a director of the company 30 days after becoming a director;
 (iii) the company did not pay the total of those amounts to the Commissioner in accordance with subsection 16‑70(1) on or before the last of those 30 days.

Amount of tax
 (3) The amount of the *PAYG withholding non‑compliance tax the individual must pay is the lesser of:
  (a) the extent of the credit mentioned in paragraph (1)(d); and
 (b) the total amount the company did not pay to the Commissioner as mentioned in paragraph (1)(c).

18‑130  Directors of non‑complying companies—tax reduced in certain circumstances
 (1) The amount of the *PAYG withholding non‑compliance tax the individual must pay as mentioned in section 18‑125 is reduced if the Commissioner gives a notice to the individual under this section.

Notice
 (2) The Commissioner must give a written notice to the individual on a day (the reduction notice day) (whether before, on or after the day (if any) the Commissioner gives the individual the relevant notice under section 18‑140), if the Commissioner is satisfied that:
 (a) because of illness or for some other good reason, it would have been unreasonable to expect the individual to take part, and the individual did not take part, in the management of the company at any time during the period:
 (i) starting on a day on or by which the company was required to pay any of the total mentioned in paragraph 18‑125(1)(c) to the Commissioner under subsection 16‑70(1); and
 (ii) ending on the reduction notice day; or
 (b) the individual took all reasonable steps to ensure that one of the following happened:
 (i) the directors (within the meaning of the Corporations Act 2001) of the company caused the company to pay the total of the amounts mentioned in paragraph 18‑125(1)(c) to the Commissioner;
 (ii) the directors caused an administrator of the