Document ID: chunk:federal_register_of_legislation:C2025C00180:clause:1_4:p18
Version: federal_register_of_legislation:C2025C00180
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 18/43)
Character Range: 602030–604926

Subdivision 16‑D—Additional rights and obligations of entity that makes a payment

Table of sections
16‑195 Payer's right to recover amounts of penalty: certain withholding taxes

16‑195  Payer's right to recover amounts of penalty: certain withholding taxes
 (1) 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
 (aa) section 12‑305 (about a departing Australia superannuation payment); or
 (ab) Subdivision 12‑FC (about labour mobility programs); or
 (b) section 12‑320 (about a mining payment); or
 (c) Subdivision 12‑H (about distributions of withholding MIT income);
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 an administrative penalty for failing to comply with Division 12 or 14.
 (2) Subsection (3) applies if an entity has paid an amount of penalty under section 12‑415 to the Commissioner for a failure to give a notice, or to make details available on a website, as required by section 12‑395 in relation to an amount (the relevant amount).
 (3) The entity may recover from another entity that is liable to pay *managed investment trust withholding tax in relation to an amount attributable to the relevant amount the lesser of:
 (a) an amount equal to the amount of that tax that the other entity is liable to pay; and
 (b) the amount of the penalty.

Division 18—Recipient's entitlements and obligations

Table of Subdivisions
18‑A Crediting withheld amounts
18‑B Refund of certain withheld amounts
18‑C Recipient's obligations
18‑D Directors etc. of non‑complying companies

Subdivision 18‑A—Crediting withheld amounts

Guide to Subdivision 18‑A

18‑1  What this Subdivision is about

      In general, an entity:
         • that receives a withholding payment (except one covered by section 12‑215, 12‑250 or 12‑285, Subdivision 12‑FC, or subsection 12‑390(4)); or
         • that is the foreign resident for which a withholding payment covered by section 12‑215, 12‑250 or 12‑285, Subdivision 12‑FC, or subsection 12‑390(4), (or a part of it) is received;
      is entitled to a credit for the amount withheld from the withholding payment.
      However, if that entity is a partnership or trust, a partner, beneficiary or trustee may be entitled to the credit.
      This Subdivision tells you:
         • who is entitled to a credit; and
         • how to work out the amount of the credit.
      How a credit is applied is set out in Division 3 of Part IIB.

Table of sections

General exception
18‑5 No credit for refunded amount

Entitlement to credits: income tax liability
18‑10 Application of sections 18‑15, 18‑20 and 18‑25
18‑15 Tax credit for recipient of