Document ID: chunk:federal_register_of_legislation:C2025C00180:clause:1_4:p16
Version: federal_register_of_legislation:C2025C00180
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 16/43)
Character Range: 597062–599820

contributions relate; and
 (g) is in the *approved form.
 (1AAA) A payment summary relating to section 12‑175 or 12‑180 is a statement that:
 (a) names the trustee and the beneficiary; and
 (b) states the total of the *withholding payments (if any) that it covers, and the total of the *amounts withheld by the trustee from those withholding payments; and
 (c) specifies the income year of the trust to which it relates; and
 (d) is in the *approved form.
 (1AA) A payment summary relating to Subdivision 12‑H is a statement that:
 (a) names the payer and the recipient; and
 (b) if the recipient has given the recipient's *tax file number or *ABN to the payer—states the tax file number or ABN; and
 (c) states the total of the *withholding payments (if any) that it covers, and the total of the *amounts withheld by the payer from those withholding payments; and
 (d) specifies the income year of the relevant *withholding MIT to which it relates.
 (1A) For any of the *withholding payments to which paragraph 16‑155(2)(aa) applies, paragraph (1)(d) is taken to refer to the *financial year preceding the financial year in which the withholding payments were received.
 (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, 16‑156, 16‑160, 16‑165, 16‑166 or 16‑167 (as appropriate) requires the payment summary to cover.
 (4) The Commissioner may vary any requirements under subsection (1), (1AAA), (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
 (1) An entity must not fail to comply with any requirements under section 16‑155, 16‑156, 16‑157, 16‑160, 16‑165, 16‑166 or 16‑167, or subsection 16‑170(1), (1AAA), (1AA), (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.
 (2) An offence under subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

16‑180  Commissioner may exempt entity from giving payment summary
 (1) The Commissioner may, having regard to the circumstances of a particular case or class of cases, exempt an entity from specified requirements of any of sections 16‑155 to 16‑167. If the Commissioner does so, the exemption has effect accordingly.
 (2) An exemption must be made:
 (a) if it applies to a particular entity—by a written notice given