Document ID: chunk:federal_register_of_legislation:F2019L01687:reg:6:p1
Version: federal_register_of_legislation:F2019L01687
Segment Type: reg
Provision Reference: reg 6 (pt 1/3)
Character Range: 2920–5542

6  Declared class of entities—taxpayers carrying on a business or similar venture with total tax debts of $100,000 or more for more than 90 days and who fail to effectively engage with the Commissioner
 (1) For the purposes of section 355‑72 in Schedule 1 to the Act, entities that meet all of the following are in a class of entities declared under subsection 355‑72(5) in Schedule 1 to the Act:
 (a) the entity is registered in the Australian Business Register under the A New Tax System (Australian Business Number) Act 1999, otherwise than as:
 (i) a deductible gift recipient; or
 (ii) a complying superannuation fund; or
 (iii) a registered charity; or
 (iv) a government entity;
 (b) the entity has one or more tax debts, the total of which is at least $100,000, that have been due and payable for more than 90 days;
 (c) the entity satisfies one of the following:
 (i) the entity does not have an active complaint with the Inspector‑General of Taxation concerning the disclosure of tax debt information of the entity that is, or could be, the subject of an investigation under paragraph 7(1)(a) of the Inspector‑General of Taxation Act 2003; or
 (ii) the entity has an active complaint with the Inspector‑General of Taxation concerning the disclosure of tax debt information of the entity that is, or could be, the subject of an investigation under paragraph 7(1)(a) of the Inspector‑General of Taxation Act 2003, but after taking reasonable steps to confirm whether the Inspector-General has such a complaint, the Commissioner does not become aware of the complaint.

Tax debts that are not to be included in total tax debts
 (2) For the purposes of paragraph (1)(b), disregard a tax debt to the extent that:
 (a) the entity has entered into an arrangement with the Commissioner to pay the tax debt by instalments under section 255‑15 in Schedule 1 to the Act and the entity is complying with that arrangement; or
 (b) all of the following are satisfied:
 (i) the entity has made an application to the Commissioner under section 340-5 in Schedule 1 to the Act to be released from the tax debt; and
 (ii) the application has not been withdrawn; and
 (iii) the entity has not previously made an application under section 340-5 for release from any of the tax debt; and
 (iv) either of the following paragraphs apply:
 (A) the Commissioner has not made a decision in relation to the application; or
 (B) the Commissioner has made a decision in relation to the application but either a notice of that decision has not yet been served on the entity, or if a notice has been served on the entity, less than 60 days have