Document ID: chunk:federal_register_of_legislation:C2025C00180:clause:1_4:p11
Version: federal_register_of_legislation:C2025C00180
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 11/43)
Character Range: 584775–587475

amount for the income year ending at the end of the financial year in respect of the person's employment by the entity; or
 (d) the entity made *reportable employer superannuation contributions in respect of a person's employment.
Note: A report under this subsection will not cover amounts that an employer notifies to the Commissioner under Division 389: see section 389‑20.
 (3) The report under subsection (2) must be either:
 (a) a report in the *approved form; or
 (b) a report consisting of:
 (i) copies of all the summaries that the entity gave in relation to the *financial year under section 16‑155 in respect of payments, *non‑cash benefits, *alienated personal services payments, *reportable fringe‑benefit amounts and *reportable employer superannuation contributions covered by subsection (2) of this section; and
 (ii) an accompanying statement in the approved form.
 (4) An entity must give a report to the Commissioner in the *approved form if the entity is required to withhold amounts under Subdivision 12‑H in relation to *fund payments made by a particular *withholding MIT (the paying trust) in relation to an income year of that trust.
Note: The entity may be the withholding MIT itself or a custodian or other entity.
 (4A) The report under subsection (4) must be given:
 (a) not later than 14 days after the end of 6 months after the end of the income year of the *withholding MIT in relation to which the relevant *fund payments were made; or
 (b) within a longer period allowed by the Commissioner.
 (5) In applying this section:
 (a) a requirement to pay a nil amount to the Commissioner is to be treated as a requirement to pay an amount to the Commissioner; and
 (b) a requirement to withhold a nil amount is to be treated as a requirement to withhold an amount.
 (6) The Commissioner may, to meet the special circumstances of a particular case or class of cases, vary the requirements of this section.
 (7) A variation must be made:
 (a) if it applies to a particular entity—by a written notice given to that entity; or
 (b) if it applies to a class of entities—by legislative instrument.

To recipients of withholding payments

16‑155  Annual payment summary
 (1) Within 14 days after the end of a *financial year, an entity (the payer) must give a *payment summary (and a copy of it) to another entity (the recipient) if:
 (a) during the year the payer made one or more *withholding payments (other than withholding payments covered by section 12‑85, 12‑175, 12‑180, 12‑190, 12‑215, 12‑250, 12‑285, 12‑317, 12‑385 or 12‑390) to the recipient; or
 (b) during the year the payer received one or more withholding payments covered by section 12‑215, 12‑250 or 12‑285 and,