Document ID: chunk:federal_register_of_legislation:C2025C00180:clause:1_4:p40
Version: federal_register_of_legislation:C2025C00180
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 40/43)
Character Range: 656486–659269

the amount of the PAYG withholding non‑compliance tax; exceeds
 (ii) the amount that would have been the amount of the PAYG withholding non‑compliance tax had the discharge mentioned in paragraph 18‑165(c) (and all previous discharges of the company's liability mentioned in that paragraph) occurred before the tax notice day.
 (7) In determining the amount to state in the notice in a case to which paragraph (1)(a) does not apply, the Commissioner must have regard to what is fair and reasonable in the circumstances.

18‑175  Credits for later compliance—Commissioner may give notice

Commissioner may give notice to director or associate
 (1) The Commissioner may give a written notice to the individual on a particular day (the credit notice day).
Note: Subsection 18‑180(2) provides that the Commissioner must not give a notice to the individual in certain circumstances.

Director or associate entitled to credit if Commissioner gives notice
 (2) The individual is entitled to a credit if the Commissioner gives a written notice to the individual under subsection (1).
 (3) The individual becomes entitled to the credit on the day the Commissioner gives the notice to the individual.

Amount of credit
 (4) The amount of the credit is the amount stated in the notice.
 (5) The amount stated:
 (a) must not exceed the amount of the *PAYG withholding non‑compliance tax; and
Note: In working out the amount of the tax for the purposes of paragraph (5)(a), have regard to other credits to which the individual is entitled under section 18‑170 or this section. See subsection 18‑180(1).
 (b) must not exceed the amount of the discharge mentioned in paragraph 18‑165(c).

Commissioner's discretion
 (6) In determining:
 (a) whether to give a notice under this section; or
 (b) the amount to state in the notice;
the Commissioner must have regard to what is fair and reasonable in the circumstances.

18‑180  Effect of earlier credits
 (1) A reference in section 18‑170 or 18‑175, or subsection (2) of this section, to the amount of the *PAYG withholding non‑compliance tax is treated as being a reference to:
 (a) the amount of the PAYG withholding non‑compliance tax; less
Note: The amount of the PAYG withholding non‑compliance tax may, in a case to which section 18‑125 applies, be affected by reductions under section 18‑130.
 (b) the total of any credits to which the individual is entitled in relation to the amount of PAYG withholding non‑compliance tax because of notices given to the individual under section 18‑170 or 18‑175 before the credit notice day.
 (2) The Commissioner must not give a written notice to the individual under section 18‑170 or 18‑175 if, on the day before the credit notice day, the amount of the *PAYG withholding non‑compliance tax is nil.

Other