Document ID: chunk:federal_register_of_legislation:C2025C00014:schedule:2f:p48
Version: federal_register_of_legislation:C2025C00014
Segment Type: schedule
Provision Reference: sch 2F (pt 48/79)
Character Range: 2323561–2326224

outside Australia.

Information not within knowledge
 (3) The information need not be within the knowledge of the company, partners or trustee at the time the notice is given.

Period for giving information
 (4) The notice must specify a period within which the company, partners or trustee is to give the information. The period must not end earlier than 21 days after the day on which the Commissioner gives the notice.

Company's liability
 (5) If the company does not give the information within the period or within such further period as the Commissioner allows, it, together with each person who was a director of the company at the test time, is jointly and severally liable to pay tax, as imposed by the Family Trust Distribution Tax (Primary Liability) Act 1998, on the amount or value of the income or capital mentioned in subsection 271‑50(2).

Partners' liability
 (6) If the partners do not give the information within the period or within such further period as the Commissioner allows, they, together with each person who at the test time was a director of any partner that was a company, are jointly and severally liable to pay tax, as imposed by the Family Trust Distribution Tax (Primary Liability) Act 1998, on the amount or value of the income or capital mentioned in subsection 271‑50(2).

Trustee's liability
 (7) If the trustee does not give the information within the period or within such further period as the Commissioner allows:
 (a) if the trustee is an individual—the trustee is liable to pay tax, as imposed by the Family Trust Distribution Tax (Primary Liability) Act 1998, on the amount or value of the income or capital mentioned in subsection 271‑45(2) or 271‑50(2); or
 (b) if the trustee is a company—the trustee, together with each person who was a director of the company at the test time, is jointly and severally liable to pay tax, as imposed by the Family Trust Distribution Tax (Primary Liability) Act 1998, on the amount or value of the income or capital mentioned in subsection 271‑45(2) or 271‑50(2).

271‑60  Tax liability where non‑resident family trust's tax unpaid

Conditions for tax liability
 (1) If:
 (a) tax under section 271‑15 on the amount or value of income or capital of a family trust becomes due and payable; and
 (b) the Commissioner determines, in writing, at or after the time when the tax became due and payable, that it is unlikely that the whole or part (the unpaid amount) of the tax will be paid; and
 (c) when the Commissioner makes the determination:
 (i) a trustee of the family trust is a non‑resident; or
 (ii) the central management and control of the family trust is outside Australia;