Document ID: chunk:federal_register_of_legislation:C2010C00715:clause:1_4:p9
Version: federal_register_of_legislation:C2010C00715
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 9/21)
Character Range: 80818–83686

it covers and the income year to which that amount relates; and
 (f) includes other information that the Commissioner requires to be included in the payment summary.

 (2) The Commissioner may, in writing, require particular information to be included in a *payment summary or a class of payment summaries.

 (3) A *payment summary may consist of 2 or more statements that each complies with subsection (1) and together cover what section 16‑155, 16‑160 or 16‑165 (as appropriate) requires the payment summary to cover.

 (4) The Commissioner may vary any requirements under subsection (1), (2) or (3) by written notice given to an entity. The Commissioner may do so in such instances and to such extent as the Commissioner thinks fit.

16‑175  Penalty for not providing payment summary

  An entity must not fail to comply with any requirements under section 16‑155, 16‑160 or 16‑165, or subsection 16‑170(1), (2) or (3) (including any requirements varied by the Commissioner under subsection 16‑170(4)).

Penalty: 20 penalty units.

Note: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

Subdivision 16‑D—Additional rights and obligations of entity that makes a dividend, interest or royalty payment

Table of sections

16‑195 Payer's right to recover amounts of penalty: withholding tax and mining withholding tax
16‑200 Payer's liability and right: additional withholding tax

16‑195  Payer's right to recover amounts of penalty: withholding tax and mining withholding tax

  An entity that has paid an amount of penalty under section 16‑30, 16‑35 or 16‑40 for a *withholding payment covered by:
 (a) Subdivision 12‑F (about a dividend, interest or royalty payment); or
 (b) section 12‑320 (about a mining payment);
may recover an amount equal to the amount of penalty from the person liable to pay the *withholding tax, or *mining withholding tax, for the withholding payment.

Note Sections 16‑30, 16‑35 and 16‑40 provide for a civil penalty for failing to comply with Division 12 or 14.

16‑200  Payer's liability and right: additional withholding tax

Penalty

 (1) An entity that is required:
 (a) to withhold an amount from a *withholding payment covered by Subdivision 12‑F (about dividend, interest or royalty payment); or
 (b) to pay to the Commissioner an amount under Division 14 for a withholding payment covered by that Subdivision;
must pay to the Commissioner an amount of penalty equal to the amount of penalty that a taxpayer is liable to pay under subsection 226(1A) of the Income Tax Assessment Act 1936 in relation to that withholding payment.

Note: Subsection 226(1A) of the Income Tax Assessment Act 1936 requires a taxpayer to pay additional withholding tax following a calculation of the taxpayer's withholding tax liability that takes into account determinations made under subsection 177F(2A) of that