Notice of Requirement for Parents with a Child Support Assessment to Lodge a Return for the Income Year Ended 30 June 2020
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legislative instrument
Plain English Summary
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This instrument requires parents who were either a liable parent or a recipient parent under a child support assessment to lodge an Australian income tax return for the income year ended 30 June 2020 (or an adopted accounting period), unless they meet a specified low‑income/whole‑year receipt exemption. It sets lodgment deadlines (31 October 2020 or four months after an adopted accounting period), lists qualifying government payments, and records the Commissioner’s powers to defer lodgment, issue notices and apply penalties.
This legislative instrument, titled Notice of Requirement for Parents with a Child Support Assessment to Lodge a Return for the Income Year Ended 30 June 2020, formally requires certain parents who were party to a child support assessment to lodge an income tax return for the income year ended 30 June 2020 (the income year). The instrument is made by Vivek Chaudhary, Deputy Commissioner of Taxation, as a delegate of the Commissioner of Taxation under s 8 of the Taxation Administration Act 1953 (TAA), and invokes the Commissioner’s power under s 161 of the Income Tax Assessment Act 1936 (ITAA 1936) to require returns (instrument signed 7 May 2020). The instrument commences the day after registration on the Federal Register of Legislation (cl 2).
Mechanically, the instrument does three things. First, it identifies the class of persons required to lodge a return: those described in Table A, i.e. every person who was either a liable parent or a recipient parent under a child support assessment, except where excluded by Table B (cl 3.2; Tables A-C). Second, it sets lodgment timing rules: persons whose year of income ends 30 June 2020 must lodge by 31 October 2020; persons with an adopted accounting period (as defined) must lodge no later than the last day of the fourth month after the end of their adopted accounting period (cl 3.3). The instrument requires returns to be in the approved form (cl 3.3, definitions referencing s 388-50 Schedule 1 to the TAA). Third, it specifies an exclusion class in Table B: persons whose aggregate of listed income and reportable items for the income year was less than $25,575 and who were in receipt of one or more of the listed Australian Government pensions, allowances or payments in Table C for the whole income year are not required to lodge (cl 3.4, Table B and Table C).
The instrument also records operational adjuncts: the Commissioner retains power to defer lodgment dates under s 388-55 of Schedule 1 to the TAA (cl 4.1), to issue notices requiring returns or information under ss 162 or 163 of the ITAA 1936 (cl 4.2), and to apply penalties for failure to provide required returns or information under s 8C of the TAA or administrative penalties under Division 286 of Schedule 1 to the TAA (cl 4.3). The instrument defines key terms (adopted accounting period, approved form, income year, year of income) and repeats those definitions within its body at multiple points (cl 3.1). The instrument is narrowly framed: it applies to the specified income year (year ended 30 June 2020) or an adopted accounting period in substitution.
Current sections
Direct links to the current provisions in Notice of Requirement for Parents with a Child Support Assessment to Lodge a Return for the Income Year Ended 30 June 2020.
15
1. Name of instrument
1. Name of instrument
1. Name of instrument
This instrument is the Notice of Requirement for Parents with a Child Support Assessment to Lodge a Return for the Income Year Ended 30 June 2020.
2. Commencement
2. Commencement
2. Commencement
This instrument commences on the day after it is registered on the Federal Register of Legislation.
3. Application
3. Application
Legislative Instrument
Notice of Requirement for Parents with a Child Support Assessment to Lodge a Return for the Income Year Ended 30 June 2020
I, Vivek Chaudhary, Deputy Commissioner of Taxation and delegate of the Commissioner of Taxation (the Commissioner) under section 8 of the Taxation Administration Act 1953 (TAA), make the following instrument regarding lodgment of income tax returns for the *income year ended 30 June 2020 under section 161 of the Income Tax Assessment Act 1936 (ITAA 1936).
Signed Vivek Chaudhary
Deputy Commissioner of Taxation
7 May 2020
1. Name of instrument
This instrument is the Notice of Requirement for Parents with a Child Support Assessment to Lodge a Return for the Income Year Ended 30 June 2020.
2. Commencement
This instrument commences on the day after it is registered on the Federal Register of Legislation.
3. Application
3.1 Definitions
Many of the terms used in this instrument are defined and most of the defined terms are identified by an asterisk at the start of the term.
Once a defined term has been asterisked, later occurrences of the term in the same paragraph are not usually asterisked. Terms are not asterisked in notes and headings.
The fact that a defined term is not asterisked is not relevant to interpreting the term.
In this instrument:
Adopted accounting period means an accounting period that a person has been granted leave to adopt instead of the *year of income ended 30 June 2020, under section 18 of the ITAA 1936.
Approved form has the meaning given by section 388-50 of Schedule 1 to the TAA.
Income year means the *year of income ended 30 June 2020 or the *adopted accounting period.
Year of income means the same as in subsection 6(1) of the ITAA 1936 but does not include the *adopted accounting period.
3.2 Requirement to Lodge
Under section 161 of the ITAA 1936, I require every person described in Table A to give me a return for the *income year.
3.3 Information on when and how to lodge
Every person required to lodge a return whose *year of income ends on 30 June 2020 must do so by 31 October 2020.
Adopted accounting period
Persons with an *adopted accounting period must lodge their return no later than the last day of the fourth month after the end of their adopted accounting period.
Note: The return must be in the approved form.
3.4 Tables A to C
Table A
Every person who was either a liable parent or a recipient parent under a child support assessment, except where they are described in Table B.
Table B
Every person where the total of their:
(1) taxable income;
(2) exempt Australian Government allowances, pensions and payments;
(3) target foreign income;
(4) reportable fringe benefits total;
(5) total net investment loss; and
(6) reportable superannuation contributions
for the *income year was less than $25,575;
AND
who was in receipt of one or more Australian Government pensions, allowances or payments listed in Table C for the whole of the income year.
Table C
Australian Government allowances and payments:
(1) Jobseeker payment;
(2) Austudy;
(3) Disaster income support allowance for special category visa (subclass 444) holders;
(4) Disaster recovery allowance;
(5) Farm Household allowance;
(6) Newstart allowance;
(7) Parenting payment (partnered);
(8) Partner allowance;
(9) Sickness allowance;
(10) Special Benefit;
(11) Widow allowance;
(12) Youth allowance;
(13) Youth disability supplement as a component of ABSTUDY living allowance or Youth Allowance
Education payments of any of the following:
(14) ABSTUDY Living Allowance;
(15) Military Rehabilitation and Compensation Act Education and Training Scheme (‘MRCA Education Allowance’ on a pay as you go (PAYG) payment summary or income statement);
(16) Veterans’ Children Education Scheme.
Commonwealth labour market program allowances and payments:
(17) Income support component of wages paid to participants in the Community Development Projects (CDEP) Scheme and CDEP Scheme participant supplement;
(18) New Enterprise Incentive Scheme allowance;
(19) Training for Employment Program allowance;
(20) other taxable Commonwealth education or training payments.
Australian Government pensions and allowances:
(21) Age pension;
(22) Age service pension;
(23) Bereavement allowance;
(24) Carer payment;
(25) Defence Force Income Support Allowance;
(26) Defence Force Income Support Allowance – like payments from the Department of Veterans’ Affairs;
(27) Disability Support Pension;
(28) Income support supplement;
(29) Invalidity service pension;
(30) Parenting payment (single);
(31) Partner service pension;
(32) Veteran payment;
(33) Widow B Pension;
(34) Wife Pension.
4. Additional lodgment information
4.1 Deferral of time for lodgment of returns
Under section 388-55 of Schedule 1 to the TAA, the Commissioner may defer the time for lodgment of any return to a date later than the relevant date specified in this instrument.
4.2 Notice of requirement to lodge a return or information
Nothing in this instrument prevents the Commissioner or an authorised person of the Australian Taxation Office from issuing a notice, under section 162 or section 163 of the ITAA 1936, requiring a person to give the Commissioner, in the approved form, a return, or further returns, or any information, statement or document about the person’s financial affairs for any income year.
4.3 Penalties for non-compliance with lodgment requirements
Any person who does not provide a return, or any other information under the ITAA 1936 or the ITAA 1997, commits an offence under section 8C of the TAA.
Alternatively any such person may become liable to pay a penalty under Division 286 of Schedule 1 to the TAA.
3.1
Definitions
3.1 Definitions
Many of the terms used in this instrument are defined and most of the defined terms are identified by an asterisk at the start of the term.
Once a defined term has been asterisked, later occurrences of the term in the same paragraph are not usually asterisked. Terms are not asterisked in notes and headings.
The fact that a defined term is not asterisked is not relevant to interpreting the term.
In this instrument:
Adopted accounting period means an accounting period that a person has been granted leave to adopt instead of the *year of income ended 30 June 2020, under section 18 of the ITAA 1936.
Approved form has the meaning given by section 388-50 of Schedule 1 to the TAA.
Income year means the *year of income ended 30 June 2020 or the *adopted accounting period.
Year of income means the same as in subsection 6(1) of the ITAA 1936 but does not include the *adopted accounting period.
3.2
Requirement to Lodge
3.2 Requirement to Lodge
Under section 161 of the ITAA 1936, I require every person described in Table A to give me a return for the *income year.
3.3
Information on when and how to lodge
3.3 Information on when and how to lodge
Every person required to lodge a return whose *year of income ends on 30 June 2020 must do so by 31 October 2020.
Adopted accounting period
Adopted accounting period
Adopted accounting period
Persons with an *adopted accounting period must lodge their return no later than the last day of the fourth month after the end of their adopted accounting period.
Note: The return must be in the approved form.
3.4
Tables A to C
Legislative Instrument
Notice of Requirement for Parents with a Child Support Assessment to Lodge a Return for the Income Year Ended 30 June 2020
I, Vivek Chaudhary, Deputy Commissioner of Taxation and delegate of the Commissioner of Taxation (the Commissioner) under section 8 of the Taxation Administration Act 1953 (TAA), make the following instrument regarding lodgment of income tax returns for the *income year ended 30 June 2020 under section 161 of the Income Tax Assessment Act 1936 (ITAA 1936).
Signed Vivek Chaudhary
Deputy Commissioner of Taxation
7 May 2020
1. Name of instrument
This instrument is the Notice of Requirement for Parents with a Child Support Assessment to Lodge a Return for the Income Year Ended 30 June 2020.
2. Commencement
This instrument commences on the day after it is registered on the Federal Register of Legislation.
3. Application
3.1 Definitions
Many of the terms used in this instrument are defined and most of the defined terms are identified by an asterisk at the start of the term.
Once a defined term has been asterisked, later occurrences of the term in the same paragraph are not usually asterisked. Terms are not asterisked in notes and headings.
The fact that a defined term is not asterisked is not relevant to interpreting the term.
In this instrument:
Adopted accounting period means an accounting period that a person has been granted leave to adopt instead of the *year of income ended 30 June 2020, under section 18 of the ITAA 1936.
Approved form has the meaning given by section 388-50 of Schedule 1 to the TAA.
Income year means the *year of income ended 30 June 2020 or the *adopted accounting period.
Year of income means the same as in subsection 6(1) of the ITAA 1936 but does not include the *adopted accounting period.
3.2 Requirement to Lodge
Under section 161 of the ITAA 1936, I require every person described in Table A to give me a return for the *income year.
3.3 Information on when and how to lodge
Every person required to lodge a return whose *year of income ends on 30 June 2020 must do so by 31 October 2020.
Adopted accounting period
Persons with an *adopted accounting period must lodge their return no later than the last day of the fourth month after the end of their adopted accounting period.
Note: The return must be in the approved form.
3.4 Tables A to C
Table A
Every person who was either a liable parent or a recipient parent under a child support assessment, except where they are described in Table B.
Table B
Every person where the total of their:
(1) taxable income;
(2) exempt Australian Government allowances, pensions and payments;
(3) target foreign income;
(4) reportable fringe benefits total;
(5) total net investment loss; and
(6) reportable superannuation contributions
for the *income year was less than $25,575;
AND
who was in receipt of one or more Australian Government pensions, allowances or payments listed in Table C for the whole of the income year.
Table C
Australian Government allowances and payments:
(1) Jobseeker payment;
(2) Austudy;
(3) Disaster income support allowance for special category visa (subclass 444) holders;
(4) Disaster recovery allowance;
(5) Farm Household allowance;
(6) Newstart allowance;
(7) Parenting payment (partnered);
(8) Partner allowance;
(9) Sickness allowance;
(10) Special Benefit;
(11) Widow allowance;
(12) Youth allowance;
(13) Youth disability supplement as a component of ABSTUDY living allowance or Youth Allowance
Education payments of any of the following:
(14) ABSTUDY Living Allowance;
(15) Military Rehabilitation and Compensation Act Education and Training Scheme (‘MRCA Education Allowance’ on a pay as you go (PAYG) payment summary or income statement);
(16) Veterans’ Children Education Scheme.
Commonwealth labour market program allowances and payments:
(17) Income support component of wages paid to participants in the Community Development Projects (CDEP) Scheme and CDEP Scheme participant supplement;
(18) New Enterprise Incentive Scheme allowance;
(19) Training for Employment Program allowance;
(20) other taxable Commonwealth education or training payments.
Australian Government pensions and allowances:
(21) Age pension;
(22) Age service pension;
(23) Bereavement allowance;
(24) Carer payment;
(25) Defence Force Income Support Allowance;
(26) Defence Force Income Support Allowance – like payments from the Department of Veterans’ Affairs;
(27) Disability Support Pension;
(28) Income support supplement;
(29) Invalidity service pension;
(30) Parenting payment (single);
(31) Partner service pension;
(32) Veteran payment;
(33) Widow B Pension;
(34) Wife Pension.
4. Additional lodgment information
4.1 Deferral of time for lodgment of returns
Under section 388-55 of Schedule 1 to the TAA, the Commissioner may defer the time for lodgment of any return to a date later than the relevant date specified in this instrument.
4.2 Notice of requirement to lodge a return or information
Nothing in this instrument prevents the Commissioner or an authorised person of the Australian Taxation Office from issuing a notice, under section 162 or section 163 of the ITAA 1936, requiring a person to give the Commissioner, in the approved form, a return, or further returns, or any information, statement or document about the person’s financial affairs for any income year.
4.3 Penalties for non-compliance with lodgment requirements
Any person who does not provide a return, or any other information under the ITAA 1936 or the ITAA 1997, commits an offence under section 8C of the TAA.
Alternatively any such person may become liable to pay a penalty under Division 286 of Schedule 1 to the TAA.
Table A
Table A
Table A
Every person who was either a liable parent or a recipient parent under a child support assessment, except where they are described in Table B.
Table B
Table B
Table B
Every person where the total of their:
(1) taxable income;
(2) exempt Australian Government allowances, pensions and payments;
(3) target foreign income;
(4) reportable fringe benefits total;
(5) total net investment loss; and
(6) reportable superannuation contributions
for the *income year was less than $25,575;
AND
who was in receipt of one or more Australian Government pensions, allowances or payments listed in Table C for the whole of the income year.
Table C
Table C
Table C
Australian Government allowances and payments:
(1) Jobseeker payment;
(2) Austudy;
(3) Disaster income support allowance for special category visa (subclass 444) holders;
(4) Disaster recovery allowance;
(5) Farm Household allowance;
(6) Newstart allowance;
(7) Parenting payment (partnered);
(8) Partner allowance;
(9) Sickness allowance;
(10) Special Benefit;
(11) Widow allowance;
(12) Youth allowance;
(13) Youth disability supplement as a component of ABSTUDY living allowance or Youth Allowance
Education payments of any of the following:
(14) ABSTUDY Living Allowance;
(15) Military Rehabilitation and Compensation Act Education and Training Scheme (‘MRCA Education Allowance’ on a pay as you go (PAYG) payment summary or income statement);
(16) Veterans’ Children Education Scheme.
Commonwealth labour market program allowances and payments:
(17) Income support component of wages paid to participants in the Community Development Projects (CDEP) Scheme and CDEP Scheme participant supplement;
(18) New Enterprise Incentive Scheme allowance;
(19) Training for Employment Program allowance;
(20) other taxable Commonwealth education or training payments.
Australian Government pensions and allowances:
(21) Age pension;
(22) Age service pension;
(23) Bereavement allowance;
(24) Carer payment;
(25) Defence Force Income Support Allowance;
(26) Defence Force Income Support Allowance – like payments from the Department of Veterans’ Affairs;
(27) Disability Support Pension;
(28) Income support supplement;
(29) Invalidity service pension;
(30) Parenting payment (single);
(31) Partner service pension;
(32) Veteran payment;
(33) Widow B Pension;
(34) Wife Pension.
4. Additional lodgment information
4. Additional lodgment information
Legislative Instrument
Notice of Requirement for Parents with a Child Support Assessment to Lodge a Return for the Income Year Ended 30 June 2020
I, Vivek Chaudhary, Deputy Commissioner of Taxation and delegate of the Commissioner of Taxation (the Commissioner) under section 8 of the Taxation Administration Act 1953 (TAA), make the following instrument regarding lodgment of income tax returns for the *income year ended 30 June 2020 under section 161 of the Income Tax Assessment Act 1936 (ITAA 1936).
Signed Vivek Chaudhary
Deputy Commissioner of Taxation
7 May 2020
1. Name of instrument
This instrument is the Notice of Requirement for Parents with a Child Support Assessment to Lodge a Return for the Income Year Ended 30 June 2020.
2. Commencement
This instrument commences on the day after it is registered on the Federal Register of Legislation.
3. Application
3.1 Definitions
Many of the terms used in this instrument are defined and most of the defined terms are identified by an asterisk at the start of the term.
Once a defined term has been asterisked, later occurrences of the term in the same paragraph are not usually asterisked. Terms are not asterisked in notes and headings.
The fact that a defined term is not asterisked is not relevant to interpreting the term.
In this instrument:
Adopted accounting period means an accounting period that a person has been granted leave to adopt instead of the *year of income ended 30 June 2020, under section 18 of the ITAA 1936.
Approved form has the meaning given by section 388-50 of Schedule 1 to the TAA.
Income year means the *year of income ended 30 June 2020 or the *adopted accounting period.
Year of income means the same as in subsection 6(1) of the ITAA 1936 but does not include the *adopted accounting period.
3.2 Requirement to Lodge
Under section 161 of the ITAA 1936, I require every person described in Table A to give me a return for the *income year.
3.3 Information on when and how to lodge
Every person required to lodge a return whose *year of income ends on 30 June 2020 must do so by 31 October 2020.
Adopted accounting period
Persons with an *adopted accounting period must lodge their return no later than the last day of the fourth month after the end of their adopted accounting period.
Note: The return must be in the approved form.
3.4 Tables A to C
Table A
Every person who was either a liable parent or a recipient parent under a child support assessment, except where they are described in Table B.
Table B
Every person where the total of their:
(1) taxable income;
(2) exempt Australian Government allowances, pensions and payments;
(3) target foreign income;
(4) reportable fringe benefits total;
(5) total net investment loss; and
(6) reportable superannuation contributions
for the *income year was less than $25,575;
AND
who was in receipt of one or more Australian Government pensions, allowances or payments listed in Table C for the whole of the income year.
Table C
Australian Government allowances and payments:
(1) Jobseeker payment;
(2) Austudy;
(3) Disaster income support allowance for special category visa (subclass 444) holders;
(4) Disaster recovery allowance;
(5) Farm Household allowance;
(6) Newstart allowance;
(7) Parenting payment (partnered);
(8) Partner allowance;
(9) Sickness allowance;
(10) Special Benefit;
(11) Widow allowance;
(12) Youth allowance;
(13) Youth disability supplement as a component of ABSTUDY living allowance or Youth Allowance
Education payments of any of the following:
(14) ABSTUDY Living Allowance;
(15) Military Rehabilitation and Compensation Act Education and Training Scheme (‘MRCA Education Allowance’ on a pay as you go (PAYG) payment summary or income statement);
(16) Veterans’ Children Education Scheme.
Commonwealth labour market program allowances and payments:
(17) Income support component of wages paid to participants in the Community Development Projects (CDEP) Scheme and CDEP Scheme participant supplement;
(18) New Enterprise Incentive Scheme allowance;
(19) Training for Employment Program allowance;
(20) other taxable Commonwealth education or training payments.
Australian Government pensions and allowances:
(21) Age pension;
(22) Age service pension;
(23) Bereavement allowance;
(24) Carer payment;
(25) Defence Force Income Support Allowance;
(26) Defence Force Income Support Allowance – like payments from the Department of Veterans’ Affairs;
(27) Disability Support Pension;
(28) Income support supplement;
(29) Invalidity service pension;
(30) Parenting payment (single);
(31) Partner service pension;
(32) Veteran payment;
(33) Widow B Pension;
(34) Wife Pension.
4. Additional lodgment information
4.1 Deferral of time for lodgment of returns
Under section 388-55 of Schedule 1 to the TAA, the Commissioner may defer the time for lodgment of any return to a date later than the relevant date specified in this instrument.
4.2 Notice of requirement to lodge a return or information
Nothing in this instrument prevents the Commissioner or an authorised person of the Australian Taxation Office from issuing a notice, under section 162 or section 163 of the ITAA 1936, requiring a person to give the Commissioner, in the approved form, a return, or further returns, or any information, statement or document about the person’s financial affairs for any income year.
4.3 Penalties for non-compliance with lodgment requirements
Any person who does not provide a return, or any other information under the ITAA 1936 or the ITAA 1997, commits an offence under section 8C of the TAA.
Alternatively any such person may become liable to pay a penalty under Division 286 of Schedule 1 to the TAA.
4.1
Deferral of time for lodgment of returns
4.1 Deferral of time for lodgment of returns
Under section 388-55 of Schedule 1 to the TAA, the Commissioner may defer the time for lodgment of any return to a date later than the relevant date specified in this instrument.
4.2
Notice of requirement to lodge a return or information
4.2 Notice of requirement to lodge a return or information
Nothing in this instrument prevents the Commissioner or an authorised person of the Australian Taxation Office from issuing a notice, under section 162 or section 163 of the ITAA 1936, requiring a person to give the Commissioner, in the approved form, a return, or further returns, or any information, statement or document about the person’s financial affairs for any income year.
4.3
Penalties for non-compliance with lodgment requirements
4.3 Penalties for non-compliance with lodgment requirements
Any person who does not provide a return, or any other information under the ITAA 1936 or the ITAA 1997, commits an offence under section 8C of the TAA.
Alternatively any such person may become liable to pay a penalty under Division 286 of Schedule 1 to the TAA.
Source text: opening excerpt
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
1. Name of instrument 1. Name of instrument
1. Name of instrument
This instrument is the Notice of Requirement for Parents with a Child Support Assessment to Lodge a Return for the Income Year Ended 30 June 2020.
2. Commencement 2. Commencement
2. Commencement
This instrument commences on the day after it is registered on the Federal Register of Legislation.
3. Application 3. Application
Legislative Instrument
Notice of Requirement for Parents with a Child Support Assessment to Lodge a Return for the Income Year Ended 30 June 2020
I, Vivek Chaudhary, Deputy Commissioner of Taxation and delegate of the Commissioner of Taxation (the Commissioner) under section 8 of the Taxation Administration Act 1953 (TAA), make the following instrument regarding lodgment of income tax returns for the *income year ended 30 June 2020 under section 161 of the Income Tax Assessment Act 1936 (ITAA 1936).
Signed Vivek Chaudhary
Deputy Commissioner of Taxation
7 May 2020
1. Name of instrument
This instrument is the Notice of Requirement for Parents with a Child Support Assessment to Lodge a Return for the Income Year Ended 30 June 2020.
2. Commencement
This instrument commences on the day after it is registered on the Federal Register of Legislation.
3. Application
3.1 Definitions
Many of the terms used in this instrument are defined and most of the defined terms are identified by an asterisk at the start of the term.
Once a defined term has been asterisked, later occurrences of the term in the same paragraph are not usually asterisked. Terms are not asterisked in notes and headings.
The fact that a defined term is not asterisked is not relevant to interpreting the term.
In this instrument:
Adopted accounting period means an accounting period that a person has been granted leave to adopt instead of the *year of income ended 30 June 2020, under section 18 of the ITAA 1936.
Approved form has the meaning given by section 388-50 of Schedule 1 to the TAA.
Income year means the *year of income ended 30 June 2020 or the *adopted accounting period.
Year of income means the same as in subsection 6(1) of the ITAA 1936 but does not include the *adopted accounting period.
3.2 Requirement to Lodge
Under section 161 of the ITAA 1936, I require every person described in Table A to give me a return for the *income year.
The instrument thus imposes a targeted lodgment obligation on parents in child support assessments for that specific income year, with a defined low‑income, receipt‑of‑payments carve‑out (Table B/C), specified lodgment deadlines, and references to standard statutory enforcement and procedural powers in the TAA and ITAA 1936.
Main concepts
The instrument rests on a small set of statutory and definitional concepts drawn from ITAA 1936 and the TAA. Understanding these concepts is necessary to determine who is in or out of the lodgment requirement and when lodgment must occur.
Delegation and enabling power. The instrument is made by a delegate of the Commissioner under s 8 of the TAA and exercises the Commissioner’s power under s 161 of the ITAA 1936 to require returns (cl 3, signed instrument). The instrument therefore operates as a statutory notice issued under the Commissioner’s existing legislative powers rather than by primary legislation.
Income year and adopted accounting period. The instrument defines income year to mean the year of income ended 30 June 2020 or an adopted accounting period (cl 3.1). Adopted accounting period is defined as an accounting period granted under s 18 ITAA 1936 to be adopted instead of the year ended 30 June 2020 (cl 3.1). The instrument explicitly states that the term year of income is the same as in s 6(1) ITAA 1936 but does not include an adopted accounting period (cl 3.1). Practically, this differentiates natural 30 June taxpayers from entities or taxpayers authorised to use an alternative accounting period: the latter follow a separate lodgment timing rule (last day of the fourth month after the end of the adopted accounting period) (cl 3.3).
Table‑based class definitions. The instrument uses Tables A, B and C to identify the class required to lodge and the exclusion. Table A captures "every person who was either a liable parent or a recipient parent under a child support assessment" with an exception for those described in Table B (cl 3.4, Table A). Table B defines an exclusion by reference to an aggregate monetary threshold and continuous receipt of certain government payments set out in Table C (cl 3.4, Table B and Table C). Table C itemises particular Australian Government payments, education payments and Commonwealth labour market program payments and a list of specified pensions and allowances (cl 3.4, Table C).
Aggregate threshold. Table B excludes persons where the total of six items for the income year was less than $25,575: (1) taxable income; (2) exempt Australian Government allowances, pensions and payments; (3) target foreign income; (4) reportable fringe benefits total; (5) total net investment loss; and (6) reportable superannuation contributions (cl 3.4 Table B). The chosen set of inclusions is broad, capturing taxable income and several reportable or exempt items that affect means testing and reporting. The instrument requires that, in addition to that aggregate being below the threshold, the person was in receipt of one or more listed payments for the whole of the income year (cl 3.4 Table B).
Approved form and procedural links. The instrument requires that the return be in the "approved form", a term defined by reference to s 388-50 of Schedule 1 to the TAA (cl 3.1; cl 3.3 note). It also preserves the Commissioner’s other procedural powers: the deferral power under s 388-55 Schedule 1 to the TAA (cl 4.1) and the power to issue notices under ss 162 and 163 ITAA 1936 requiring returns or information (cl 4.2).
Enforcement options. The instrument expressly notes two enforcement avenues for non-compliance: criminal liability under s 8C of the TAA or liability to administrative penalties under Division 286 of Schedule 1 to the TAA (cl 4.3).
Temporal scope and commencement. The instrument applies only to the specified income year (year ended 30 June 2020) or an adopted accounting period in substitution (cl 3.1), and it commences the day after registration (cl 2).
These concepts structure who must lodge, who may be excluded, the deadlines, the form requirement, and the enforcement backstop. The instrument interlocks with standard TAA procedural provisions (approved form, deferral, notices, penalties), making it a targeted exercise of existing administrative powers rather than an independent statutory regime.
Who it affects
The instrument identifies a narrow but specific population: parents who were parties to a child support assessment during the income year ended 30 June 2020. The primary grouping, Table A, covers "every person who was either a liable parent or a recipient parent under a child support assessment" (cl 3.4, Table A). That language captures both paying parents (liable parents) and receiving parents (recipient parents) as defined within the child support system. The instrument does not alter the statutory definitions of liable or recipient parent; it simply targets those persons as a class for a lodgment requirement under s 161 ITAA 1936 (cl 3.2).
Not every person in Table A is required to lodge. Table B creates an exclusion class. A person falls into Table B,thus excluded from the lodgment requirement,if two conditions are satisfied for the income year: first, the aggregate of six items (taxable income; exempt Australian Government allowances/pensions/payments; target foreign income; reportable fringe benefits total; total net investment loss; reportable superannuation contributions) is less than $25,575; and second, the person was in receipt of one or more of the payments listed in Table C for the whole of the income year (cl 3.4 Table B). Both limbs are conjunctive: both the aggregate income threshold and continuous receipt of at least one Table C payment for the full year are required for the exclusion to apply.
Table C sets out the specific payments that satisfy the second limb of Table B. The list is detailed and wide-ranging. It includes Jobseeker payment, Austudy, Newstart allowance, Youth allowance, Parenting payments (partnered and single), Age pension and other pensions, Disability Support Pension, Farm Household allowance, Disaster recovery allowance, various education payments (ABSTUDY Living Allowance, MRCA Education Allowance, Veterans’ Children Education Scheme), and a series of Commonwealth labour market program payments such as CDEP Scheme payments and New Enterprise Incentive Scheme allowance (cl 3.4 Table C). The instrument requires the person to have been in receipt of one or more of these payments for the whole of the income year to qualify for the Table B exclusion (cl 3.4 Table B).
Persons who use an adopted accounting period (a period granted under s 18 ITAA 1936 in place of the year ended 30 June 2020) are within scope but have a different lodgment timing rule. Adopted accounting period is included in the definition of income year (cl 3.1). For those persons the due date is the last day of the fourth month after the end of their adopted accounting period (cl 3.3).
The instrument also indirectly affects persons who might be required to provide further information. Clause 4.2 preserves the Commissioner’s power to issue notices under ss 162 or 163 of the ITAA 1936 requiring returns, further returns or documents, which means persons who are in Table A or outside it may still face information demands where the Commissioner considers it necessary. Finally, the instrument’s enforcement references (s 8C TAA and Division 286 Schedule 1 TAA) affect any person who fails to comply with a notice or the return requirement.
In practical terms, therefore, the persons who must actively lodge are parents in child support assessments who are not captured by the Table B exclusion (i.e. who have total amounts at or above $25,575, or who were not in receipt of a Table C payment for the whole year). The instrument’s definitions and tables require those affected to assemble multiple classes of income or reportable items to test eligibility for the exclusion and to observe the different timing rules for adopted accounting periods.
Key duties and rights
Duties:
Lodgment duty. Under cl 3.2, invoking s 161 ITAA 1936, the Deputy Commissioner requires every person described in Table A (liable parents and recipient parents under a child support assessment) to give a return for the income year (cl 3.2; Table A). The duty is conditional: persons meeting the Table B exclusion need not lodge.
Timing duty. Persons whose year of income ends on 30 June 2020 must lodge their return by 31 October 2020 (cl 3.3). Persons with an adopted accounting period must lodge no later than the last day of the fourth month after the end of that adopted accounting period (cl 3.3, Adopted accounting period). The return must be lodged in the "approved form" (cl 3.3; definition referencing s 388-50 Schedule 1 to the TAA).
Information provision on notice. Clause 4.2 preserves the Commissioner’s power to issue notices under ss 162 or 163 ITAA 1936 requiring a person to provide a return or further returns, or any information, statement or document about the person’s financial affairs for any income year. Persons served with such a notice have a duty to comply in the approved form (cl 4.2).
Recordkeeping and calculation duty. Although the instrument does not set out recordkeeping detail, the Table B exclusion requires persons to determine whether the aggregate of specified items for the income year was below $25,575. That places a practical duty on the person to calculate taxable income and to identify exempt Australian Government allowances, target foreign income, reportable fringe benefits total, total net investment loss and reportable superannuation contributions for the income year (cl 3.4 Table B).
Rights:
Deferral discretion in favour of the taxpayer. Clause 4.1 notes the Commissioner may defer the time for lodgment of any return under s 388-55 of Schedule 1 to the TAA. This is a discretionary power the Commissioner may use to extend lodgment deadlines, and it is a procedural right taxpayers can seek in practice (cl 4.1). The instrument does not prescribe criteria for deferral; the right is held by the Commissioner under the statutory provision.
Delegation and administrative review pathways. The instrument itself is exercised by a delegate of the Commissioner under s 8 TAA, signalling that decisions around notices and deferrals will be administrative decisions within the ATO’s delegation framework (cl 3). Taxpayers have the usual administrative review and objection mechanisms under the TAA and ITAA framework for ATO decisions; while the instrument does not detail these appeal rights, they remain part of the broader statutory architecture.
Alternative enforcement routes and proportionality. The instrument records both criminal (s 8C TAA) and administrative penalty routes (Division 286 Schedule 1 TAA) for failure to provide required returns or information (cl 4.3). Taxpayers can therefore expect either administrative penalties or prosecution; that dual track remains an institutional right of the Commissioner to select an enforcement mechanism.
Right to rely on statutory definitions. The instrument defines income year and adopted accounting period and references s 18 ITAA 1936 and s 388-50 TAA for the approved form, giving taxpayers a statutory framework to determine obligations (cl 3.1).
Operational consequences of these duties and rights:
A person in Table A who does not meet the Table B exclusion must assemble their income/reportable item totals and lodge in approved form by the specified deadline unless a deferral is granted (cl 3.3 and cl 3.4). Failure risks either offence under s 8C or administrative penalties under Division 286 (cl 4.3). The Commissioner can also issue compulsory notices under ss 162/163 for further information (cl 4.2). The instrument therefore creates a specific administrative duty with the usual ATO procedural and enforcement apparatus.
Penalties and enforcement
The instrument explicitly sets out (by reference) the enforcement mechanisms and potential penalties applicable to persons who fail to comply with the lodgment requirement or with subsequent information notices.
Criminal offence under s 8C TAA. Clause 4.3 states that any person who does not provide a return, or any other information under the ITAA 1936 or the ITAA 1997, commits an offence under s 8C of the TAA. By reference to the instrument, therefore, a failure to lodge a required return or failure to supply required information in response to a notice may result in criminal liability. The instrument does not specify sentencing or maximum penalties; it simply records that s 8C may be engaged.
Administrative penalties under Division 286 Schedule 1 TAA. Clause 4.3 also records that persons may instead become liable to pay a penalty under Division 286 of Schedule 1 to the TAA. Division 286 contains administrative penalties for failing to lodge documents on time and similar contraventions. The instrument leaves the selection of enforcement approach to the Commissioner’s standard practice and statutory powers.
Notices under ss 162 and 163 ITAA 1936. Clause 4.2 preserves the Commissioner’s power to issue notices requiring returns, further returns, or any information, statement or document about a person’s financial affairs. Those notices are compulsory and, if not complied with, may trigger the enforcement consequences referenced in cl 4.3. The instrument therefore links the lodgment notice to the fuller compulsion regime available under ss 162/163 of the ITAA 1936.
Exercise of discretion in enforcement. The instrument itself does not commit the Commissioner to a particular enforcement path. It records that non-compliance "commits an offence" under s 8C or "may become liable" to administrative penalties under Division 286 (cl 4.3). Practically this means that enforcement will be considered case by case, with the ATO’s normal compliance and prosecution policies determining whether to seek criminal sanctions or to apply administrative penalties.
Procedural adjunct: deferral power. Clause 4.1 preserves the Commissioner’s power under s 388-55 Schedule 1 to the TAA to defer the time for lodgment beyond the dates specified in the instrument. Use of that power can mitigate enforcement risk by extending the due date where appropriate; conversely, lack of a deferral will leave the specified deadline binding and non-compliance actionable (cl 4.1).
Approved form requirement and technical non-compliance. The instrument requires returns to be in the approved form (cl 3.3). Failure to use the approved form could attract compliance attention or be treated as a failure to comply with a notice, engaging the enforcement options described.
The instrument therefore uses the standard ATO enforcement toolkit: compulsory information notices, administrative penalties, and criminal offence provisions. It does not create bespoke penalty mechanisms. Instead it situates the lodgment requirement within the established TAA/ITAA enforcement framework and leaves the choice of remedial path to the Commissioner’s statutory powers and compliance policies.
How it interacts with other laws
This instrument is an administrative notice made under existing statutory authorities and it explicitly cross‑references several provisions in the TAA and ITAA 1936 and indirectly interacts with the ITAA 1997 and the child support system.
ITAA 1936 , s 161 and s 18. The instrument is made under s 161 of the ITAA 1936, the Commissioner’s power to require returns (cl 3.2). The definition of adopted accounting period is drawn from s 18 of the ITAA 1936, which permits leave to adopt a different accounting period in place of the standard year of income ended 30 June (cl 3.1). The instrument therefore utilises and interacts with those ITAA 1936 provisions: it imposes a s 161 notice while recognising s 18 adoptions.
TAA Schedule 1 , approved form and deferral. The instrument defines "approved form" by reference to s 388-50 of Schedule 1 to the TAA and relies on s 388-55 of Schedule 1 to the TAA for the Commissioner’s deferral power (cl 3.1; cl 4.1). Those Schedule 1 provisions are part of the TAA’s administrative machinery and the instrument embeds their operation by reference: returns must be in the approved form and deferral is possible pursuant to Schedule 1.
TAA , delegation and offence provision. The instrument is made by a delegate of the Commissioner under s 8 of the TAA (instrument signed by the Deputy Commissioner, cl 3). The criminal enforcement reference is to s 8C of the TAA (cl 4.3). Thus the instrument operates within the TAA’s administrative, delegation and enforcement architecture.
ITAA 1997 , information offences. Clause 4.3 references non‑provision of "any other information under the ITAA 1936 or the ITAA 1997" as attracting the s 8C offence. That cross‑reference signals that the instrument’s compulsion and enforcement application extends to statutory obligations in both Acts where required information falls under the ITAA 1997 regime.
Child support regime (external). The instrument targets "liable parent" and "recipient parent under a child support assessment" (Table A). Although the instrument does not amend child support law, it interacts operationally with the child support system by focusing lodgment obligations on persons who are party to child support assessments. The instrument does not, however, specify how information provided under this notice will be used in child support calculations or administrative processes; that use would be governed by separate child support legislation and ATO/Services Australia administrative arrangements (the instrument itself does not set those rules).
Notices under ss 162 and 163 ITAA 1936. The instrument preserves the Commissioner’s power to issue further notices under ss 162 and 163 of ITAA 1936 (cl 4.2). Those provisions allow the Commissioner to require returns or information about a person’s financial affairs and are an existing statutory interaction point for information compulsion. The instrument makes clear that it does not restrict these powers.
Administrative penalties regime. Reference to Division 286 of Schedule 1 to the TAA (cl 4.3) places the instrument within the TAA’s administrative penalties architecture. Penalties such as failure to lodge on time are governed by that Division; the instrument therefore grafts its lodgment requirement onto that penalty framework.
Procedural and evidentiary interactions. The instrument’s requirement that returns be in the approved form (s 388-50 Schedule 1) implies interaction with the TAA’s evidentiary and form requirements for filing, electronic lodgment standards and authorised forms. The instrument does not itself create an electronic lodgment regime but refers to the statutory mechanism that does.
In short, the instrument is tightly integrated with existing statutory structures: it exercises an ITAA 1936 return‑requiring power, uses TAA Schedule 1 provisions for form and deferral, references TAA offence and penalty provisions, and sits over the population defined by child support assessments. It does not create new substantive tax liabilities or child support rules; it creates an administrative lodgment obligation that invokes the machinery of the TAA/ITAA framework.
Amendment history
The instrument itself contains a single signature and a single date: signed by Vivek Chaudhary, Deputy Commissioner of Taxation, dated 7 May 2020, and states that it commences the day after registration on the Federal Register of Legislation (cl 2 and signature block). The text, as provided, repeats the body of the instrument multiple times but does not record any amendments, revocations, or replacement instruments within its text.
There is no amendment schedule, no notation of prior instruments superseded, and no provision within the instrument for periodic review or expiry. The instrument’s scope is temporally narrow, applying to the income year ended 30 June 2020 or an adopted accounting period in lieu of that year (cl 3.1). Because its subject matter is a single income year, it is inherently a one‑year‑specific notice; that temporal specificity reduces the expectation that it will be amended repeatedly for different years. Any future instruments addressing other years or changing the parameters for parent lodgment would likely be separate instruments made under the same statutory powers.
The instrument references external statutory provisions (s 18 ITAA 1936 for adopted accounting periods; s 388-50 and s 388-55 Schedule 1 TAA for approved form and deferral; ss 162-163 ITAA 1936 for notices; s 8C TAA and Division 286 Schedule 1 TAA for penalties). Amendments to any of those enabling provisions could alter the practical effect of this instrument if they changed, for example, the meaning of "approved form", the scope of deferral, or the sanctions available. The instrument does not preempt or lock in any such statutory changes.
Because no explicit amendment history is recorded in the instrument text provided, practitioners should treat the instrument as a single, dated administrative notice. For an up‑to‑date legal position, practitioners must check the Federal Register of Legislation entry for this instrument to confirm whether it has been superseded, amended, or revoked, and to check for any later instruments made under s 161 ITAA 1936 dealing with later income years.
Litigation history
The instrument text does not record any litigation, judicial review, or case law concerning its validity, interpretation, or enforcement. There are no cases named within the instrument and no references to decisions or disputes. As an administrative notice made under s 161 ITAA 1936 and signed by a Deputy Commissioner, it is a decision amenable to the usual judicial review and merits review channels; however, the instrument itself provides no factual record of any litigation to date.
Practitioners considering challenge or review should note the procedural posture: this instrument is an exercise of statutory power to require returns. Typical legal avenues, outside the instrument, include objections under the taxation objection and review processes, applications to the Administrative Appeals Tribunal or courts for merits review (where relevant), and judicial review for errors of law in the exercise of statutory power. The instrument makes no express statement about dispute resolution or appeals but remains subject to the general judicial and administrative tribunal frameworks applicable to ATO decisions.
Because the instrument contains no litigation history, a practitioner intent on advising a client should search external legal databases and the Federal Register of Legislation to determine whether any judicial or tribunal decisions have considered the instrument’s application (for example, disputes about whether a person falls within Table A or Table B, or disputes about whether continuous receipt of a Table C payment for the whole year applies). The instrument itself does not supply such material.
Gotchas
This instrument contains several technical features and potential traps for practitioners and clients. The following are concrete points to watch, grounded in the instrument text.
Conjunctive test for Table B exclusion. Table B excludes a person only if both conditions are satisfied: the specified aggregate of items is less than $25,575 AND the person was in receipt of one or more Table C payments for the whole of the income year (cl 3.4 Table B). Practically, if either limb fails,if the aggregate equals or exceeds $25,575, or the person was not in receipt of a Table C payment for the whole year,then the person is within Table A and must lodge. It is not enough to qualify on one limb alone.
Breadth of items included in the $25,575 aggregate. Table B requires aggregating six distinct items: taxable income; exempt Australian Government allowances/pensions/payments; target foreign income; reportable fringe benefits total; total net investment loss; and reportable superannuation contributions (cl 3.4 Table B). Practitioners must ensure correct classification of each component. For example, exempt Australian Government payments are included in the aggregate even though exempt, and reportable fringe benefits and reportable superannuation contributions,non‑cash or reporting items,are part of the test.
Continuous receipt requirement for Table C payments. Table B requires receipt "for the whole of the income year" of one or more listed payments (cl 3.4 Table B). Intermittent or partial‑year receipt will not satisfy this limb. Clients who received a Table C payment only part of the income year must lodge unless they otherwise exceed the threshold; the instrument does not permit a pro‑rata approach.
Specificity of Table C. Table C lists particular payments, including Jobseeker, Newstart allowance, ABSTUDY Living Allowance, Age pension, Disability Support Pension, and a range of other allowances and education payments (cl 3.4 Table C). Payments not listed are not captured. The instrument’s list is detailed; small differences in program names or variants may be relevant. For example, the instrument includes both "Newstart allowance" and "Jobseeker payment",practitioners should trace the exact program name and payment code where necessary.
Adopted accounting period timing differences. Persons with adopted accounting periods (granted under s 18 ITAA 1936) do not use the 31 October 2020 deadline but must lodge by the last day of the fourth month after their adopted accounting period ends (cl 3.3). Failure to identify an adopted accounting period correctly may result in misapplication of the deadline.
Approved form requirement. The instrument requires returns to be in the approved form (cl 3.3; cl 3.1 referencing s 388-50 Schedule 1 TAA). Using an incorrect form may create a technical non‑compliance. The instrument does not specify which medium (electronic or paper) constitutes the approved form; practitioners must consult the approved form provisions in Schedule 1 to the TAA or current ATO practice.
Deferral power creates uncertainty. Clause 4.1 gives the Commissioner the power to defer lodgment dates under s 388-55 Schedule 1 TAA. The existence of this power means the public deadline may change in practice. Taxpayers should not assume deferral will be granted and should treat the date in cl 3.3 as operative unless notified otherwise.
Notices under ss 162 and 163 ITAA 1936. The Commissioner may still issue notices requiring further returns or information regardless of whether a person is in Table B or Table A (cl 4.2). Receipt of a s 162/163 notice can impose obligations beyond the instrument’s basic lodgment requirement and may have independent enforcement consequences.
Dual enforcement tracks. Clause 4.3 makes clear that failure to comply may attract criminal liability under s 8C TAA or administrative penalties under Division 286 of Schedule 1 TAA. Practitioners should note that the ATO has discretion on which enforcement path to pursue; the instrument does not limit prosecutorial or administrative choice.
Repetition and potential drafting ambiguity. The instrument text as provided repeats definitions and clauses multiple times. While repetition does not change the substantive content, practitioners should rely on the defined terms clauses and tables as the operative text. Where phrasing duplicates, refer to the initial definition clauses (cl 3.1) and tables (cl 3.4) for authoritative interpretation.
Limited temporal scope. The instrument applies only to the income year ended 30 June 2020 (or an adopted accounting period) (cl 3.1). Clients should not assume identical obligations exist for other years; separate instruments would be required for other years.
Record and calculation burden. Determining eligibility for the Table B exclusion requires assembling multiple types of income and reportable figures. For lower‑income clients, that calculation can be administratively complex and may require accessing PAYG summaries, Centrelink payment records and superannuation reportable contributions.
These specific points are the principal operational "gotchas" that arise directly from the instrument’s text and structure.
How to comply
Compliance with the instrument requires a sequence of factual determinations and administrative steps, each grounded in the instrument’s clauses.
Determine whether you are within Table A. Establish whether you were a "liable parent" or a "recipient parent" under a child support assessment for the income year ended 30 June 2020. If you were not party to a child support assessment as either a liable or recipient parent during that income year, the instrument does not require you to lodge under this notice (cl 3.4 Table A).
If you are in Table A, test the Table B exclusion. Calculate, for the income year, the total of the six items listed in Table B:
taxable income;
exempt Australian Government allowances, pensions and payments;
target foreign income;
reportable fringe benefits total;
total net investment loss;
reportable superannuation contributions.
If the total is less than $25,575 and you were in receipt of one or more payments enumerated in Table C for the whole of the income year, you are excluded and need not lodge under this notice (cl 3.4 Table B and Table C). If either the aggregate is $25,575 or more, or you were not in receipt of a Table C payment for the whole year, you must lodge.
Verify whether you have an adopted accounting period. If you have been granted leave under s 18 ITAA 1936 to adopt an accounting period instead of the year ended 30 June 2020, the lodgment due date is no later than the last day of the fourth month after the end of your adopted accounting period (cl 3.1 definition; cl 3.3 Adopted accounting period). If not, use the universal date of 31 October 2020 for the 30 June year (cl 3.3).
Prepare the return in the approved form. The return must be in the "approved form" as per s 388-50 Schedule 1 to the TAA (cl 3.1; cl 3.3 note). Check the current approved form and lodgment channels on the ATO website or through authorised tax agents. Ensure all required schedules and reportable amounts (reportable fringe benefits, reportable super contributions, etc.) are included.
Keep contemporaneous records to substantiate the Table B calculation. Since Table B aggregates items that may be recorded in separate notices (PAYG payment summaries, Centrelink statements, superannuation statements, PAYG income statements), maintain copies of these documents in case of queries or notices under ss 162/163 ITAA 1936 (cl 4.2).
Monitor for notices and deferral announcements. The Commissioner may defer lodgment dates under s 388-55 Schedule 1 to the TAA (cl 4.1). Check ATO announcements and correspondence. Also be prepared to respond to any s 162 or s 163 notices requiring returns or further information (cl 4.2). Responses to those notices must be in the approved form and within the specified timeframe in the notice.
Address potential penalties proactively. If you cannot meet the deadline, consider applying for a deferral under the Commissioner’s powers (cl 4.1) rather than risking late lodgment or non-lodgment exposure to penalties under Division 286 or offence provisions under s 8C TAA (cl 4.3). If a client receives a penalty notice, follow the statutory objection and review processes available under the TAA promptly.
Use tax agent assistance where appropriate. Low‑income parents or those with complex reportable items (for example, target foreign income or total net investment loss) may benefit from engaging a registered tax agent to calculate the Table B aggregate and to prepare and lodge the approved form within the deadline. Ensure any tax agent has access to required records and to Centrelink payment histories to verify Table C continuous receipt.
Where classification is unclear, seek ATO guidance in writing. If a payment’s status relative to Table C or classification for Table B items is unclear, seek clarification from the ATO or from a qualified adviser, and request confirmation in writing where practical. That will assist if a later compliance query arises under ss 162/163 or if an enforcement action is threatened.
Maintain a timeline and checklist for each client. Practical compliance steps are: (a) confirm child support assessment status; (b) assemble income and reportable items; (c) calculate Table B aggregate; (d) confirm receipt history for Table C payments; (e) prepare return in approved form; (f) lodge by the applicable deadline or obtain deferral; (g) retain supporting documents.
By proceeding through those steps, a person affected by the instrument will satisfy the explicit requirements set out in clauses 3.2-3.4 and reduce the risk of compulsion or penalties referenced in clause 4.3.
Every person required to lodge a return whose *year of income ends on 30 June 2020 must do so by 31 October 2020.
Adopted accounting period
Persons with an *adopted accounting period must lodge their return no later than the last day of the fourth month after the end of their adopted accounting period.
Note: The return must be in the approved form.
3.4 Tables A to C
Table A
Every person who was either a liable parent or a recipient parent under a child support assessment, except where they are described in Table B.
Table B
Every person where the total of their:
(1) taxable income;
(2) exempt Australian Government allowances, pensions and payments;
(3) target foreign income;
(4) reportable fringe benefits total;
(5) total net investment loss; and
(6) reportable superannuation contributions
for the *income year was less than $25,575;
AND
who was in receipt of one or more Australian Government pensions, allowances or payments listed in Table C for the whole of the income year.
Table C
Australian Government allowances and payments:
(1) Jobseeker payment;
(2) Austudy;
(3) Disaster income support allowance for special category visa (subclass 444) holders;
(4) Disaster recovery allowance;
(5) Farm Household allowance;
(6) Newstart allowance;
(7) Parenting payment (partnered);
(8) Partner allowance;
(9) Sickness allowance;
(10) Special Benefit;
(11) Widow allowance;
(12) Youth allowance;
(13) Youth disability supplement as a component of ABSTUDY living allowance or Youth Allowance
Education payments of any of the following:
(14) ABSTUDY Living Allowance;
(15) Military Rehabilitation and Compensation Act Education and Training Scheme (‘MRCA Education Allowance’ on a pay as you go (PAYG) payment summary or income statement);
(16) Veterans’ Children Education Scheme.
Commonwealth labour market program allowances and payments:
(17) Income support component of wages paid to participants in the Community Development Projects (CDEP) Scheme and CDEP Scheme participant supplement;
(18) New Enterprise Incentive Scheme allowance;
(19) Training for Employment Program allowance;
(20) other taxable Commonwealth education or training payments.
Australian Government pensions and allowances:
(21) Age pension;
(22) Age service pension;
(23) Bereavement allowance;
(24) Carer payment;
(25) Defence Force Income Support Allowance;
(26) Defence Force Income Support Allowance – like payments from the Department of Veterans’ Affairs;
(27) Disability Support Pension;
(28) Income support supplement;
(29) Invalidity service pension;
(30) Parenting payment (single);
(31) Partner service pension;
(32) Veteran payment;
(33) Widow B Pension;
(34) Wife Pension.
4. Additional lodgment information
4.1 Deferral of time for lodgment of returns
Under section 388-55 of Schedule 1 to the TAA, the Commissioner may defer the time for lodgment of any return to a date later than the relevant date specified in this instrument.
4.2 Notice of requirement to lodge a return or information
Nothing in this instrument prevents the Commissioner or an authorised person of the Australian Taxation Office from issuing a notice, under section 162 or section 163 of the ITAA 1936, requiring a person to give the Commissioner, in the approved form, a return, or further returns, or any information, statement or document about the person’s financial affairs for any income year.
4.3 Penalties for non-compliance with lodgment requirements
Any person who does not provide a return, or any other information under the ITAA 1936 or the ITAA 1997, commits an offence under section 8C of the TAA.
Alternatively any such person may become liable to pay a penalty under Division 286 of Schedule 1 to the TAA.
3.1 Definitions
3.1 Definitions
Many of the terms used in this instrument are defined and most of the defined terms are identified by an asterisk at the start of the term.
Once a defined term has been asterisked, later occurrences of the term in the same paragraph are not usually asterisked. Terms are not asterisked in notes and headings.
The fact that a defined term is not asterisked is not relevant to interpreting the term.
In this instrument:
Adopted accounting period means an accounting period that a person has been granted leave to adopt instead of the *year of income ended 30 June 2020, under section 18 of the ITAA 1936.
Approved form has the meaning given by section 388-50 of Schedule 1 to the TAA.
Income year means the *year of income ended 30 June 2020 or the *adopted accounting period.
Year of income means the same as in subsection 6(1) of the ITAA 1936 but does not include the *adopted accounting period.
3.2 Requirement to Lodge
3.2 Requirement to Lodge
Under section 161 of the ITAA 1936, I require every person described in Table A to give me a return for the *income year.
3.3 Information on when and how to lodge
3.3 Information on when and how to lodge
Every person required to lodge a return whose *year of income ends on 30 June 2020 must do so by 31 October 2020.
Adopted accounting period Adopted accounting period
Adopted accounting period
Persons with an *adopted accounting period must lodge their return no later than the last day of the fourth month after the end of their adopted accounting period.
Note: The return must be in the approved form.
3.4 Tables A to C
Legislative Instrument
Notice of Requirement for Parents with a Child Support Assessment to Lodge a Return for the Income Year Ended 30 June 2020
I, Vivek Chaudhary, Deputy Commissioner of Taxation and delegate of the Commissioner of Taxation (the Commissioner) under section 8 of the Taxation Administration Act 1953 (TAA), make the following instrument regarding lodgment of income tax returns for the *income year ended 30 June 2020 under section 161 of the Income Tax Assessment Act 1936 (ITAA 1936).
Signed Vivek Chaudhary
Deputy Commissioner of Taxation
7 May 2020
1. Name of instrument
This instrument is the Notice of Requirement for Parents with a Child Support Assessment to Lodge a Return for the Income Year Ended 30 June 2020.
2. Commencement
This instrument commences on the day after it is registered on the Federal Register of Legislation.
3. Application
3.1 Definitions
Many of the terms used in this instrument are defined and most of the defined terms are identified by an asterisk at the start of the term.
Once a defined term has been asterisked, later occurrences of the term in the same paragraph are not usually asterisked. Terms are not asterisked in notes and headings.
The fact that a defined term is not asterisked is not relevant to interpreting the term.
In this instrument:
Adopted accounting period means an accounting period that a person has been granted leave to adopt instead of the *year of income ended 30 June 2020, under section 18 of the ITAA 1936.
Approved form has the meaning given by section 388-50 of Schedule 1 to the TAA.
Income year means the *year of income ended 30 June 2020 or the *adopted accounting period.
Year of income means the same as in subsection 6(1) of the ITAA 1936 but does not include the *adopted accounting period.
3.2 Requirement to Lodge
Under section 161 of the ITAA 1936, I require every person described in Table A to give me a return for the *income year.
3.3 Information on when and how to lodge
Every person required to lodge a return whose *year of income ends on 30 June 2020 must do so by 31 October 2020.
Adopted accounting period
Persons with an *adopted accounting period must lodge their return no later than the last day of the fourth month after the end of their adopted accounting period.
Note: The return must be in the approved form.
3.4 Tables A to C
Table A
Every person who was either a liable parent or a recipient parent under a child support assessment, except where they are described in Table B.
Table B
Every person where the total of their:
(1) taxable income;
(2) exempt Australian Government allowances, pensions and payments;
(3) target foreign income;
(4) reportable fringe benefits total;
(5) total net investment loss; and
(6) reportable superannuation contributions
for the *income year was less than $25,575;
AND
who was in receipt of one or more Australian Government pensions, allowances or payments listed in Table C for the whole of the income year.
Table C
Australian Government allowances and payments:
(1) Jobseeker payment;
(2) Austudy;
(3) Disaster income support allowance for special category visa (subclass 444) holders;
(4) Disaster recovery allowance;
(5) Farm Household allowance;
(6) Newstart allowance;
(7) Parenting payment (partnered);
(8) Partner allowance;
(9) Sickness allowance;
(10) Special Benefit;
(11) Widow allowance;
(12) Youth allowance;
(13) Youth disability supplement as a component of ABSTUDY living allowance or Youth Allowance
Education payments of any of the following:
(14) ABSTUDY Living Allowance;
(15) Military Rehabilitation and Compensation Act Education and Training Scheme (‘MRCA Education Allowance’ on a pay as you go (PAYG) payment summary or income statement);
(16) Veterans’ Children Education Scheme.
Commonwealth labour market program allowances and payments:
(17) Income support component of wages paid to participants in the Community Development Projects (CDEP) Scheme and CDEP Scheme participant supplement;
(18) New Enterprise Incentive Scheme allowance;
(19) Training for Employment Program allowance;
(20) other taxable Commonwealth education or training payments.
Australian Government pensions and allowances:
(21) Age pension;
(22) Age service pension;
(23) Bereavement allowance;
(24) Carer payment;
(25) Defence Force Income Support Allowance;
(26) Defence Force Income Support Allowance – like payments from the Department of Veterans’ Affairs;
(27) Disability Support Pension;
(28) Income support supplement;
(29) Invalidity service pension;
(30) Parenting payment (single);
(31) Partner service pension;
(32) Veteran payment;
(33) Widow B Pension;
(34) Wife Pension.
4. Additional lodgment information
4.1 Deferral of time for lodgment of returns
Under section 388-55 of Schedule 1 to the TAA, the Commissioner may defer the time for lodgment of any return to a date later than the relevant date specified in this instrument.
4.2 Notice of requirement to lodge a return or information
Nothing in this instrument prevents the Commissioner or an authorised person of the Australian Taxation Office from issuing a notice, under section 162 or section 163 of the ITAA 1936, requiring a person to give the Commissioner, in the approved form, a return, or further returns, or any information, statement or document about the person’s financial affairs for any income year.
4.3 Penalties for non-compliance with lodgment requirements
Any person who does not provide a return, or any other information under the ITAA 1936 or the ITAA 1997, commits an offence under section 8C of the TAA.
Alternatively any such person may become liable to pay a penalty under Division 286 of Schedule 1 to the TAA.
Table A Table A
Table A
Every person who was either a liable parent or a recipient parent under a child support assessment, except where they are described in Table B.
Table B Table B
Table B
Every person where the total of their:
(1) taxable income;
(2) exempt Australian Government allowances, pensions and payments;
(3) target foreign income;
(4) reportable fringe benefits total;
(5) total net investment loss; and
(6) reportable superannuation contributions
for the *income year was less than $25,575;
AND
who was in receipt of one or more Australian Government pensions, allowances or payments listed in Table C for the whole of the income year.
Table C Table C
Table C
Australian Government allowances and payments:
(1) Jobseeker payment;
(2) Austudy;
(3) Disaster income support allowance for special category visa (subclass 444) holders;
(4) Disaster recovery allowance;
(5) Farm Household allowance;
(6) Newstart allowance;
(7) Parenting payment (partnered);
(8) Partner allowance;
(9) Sickness allowance;
(10) Special Benefit;
(11) Widow allowance;
(12) Youth allowance;
(13) Youth disability supplement as a component of ABSTUDY living allowance or Youth Allowance
Education payments of any of the following:
(14) ABSTUDY Living Allowance;
(15) Military Rehabilitation and Compensation Act Education and Training Scheme (‘MRCA Education Allowance’ on a pay as you go (PAYG) payment summary or income statement);
(16) Veterans’ Children Education Scheme.
Commonwealth labour market program allowances and payments:
(17) Income support component of wages paid to participants in the Community Development Projects (CDEP) Scheme and CDEP Scheme participant supplement;
(18) New Enterprise Incentive Scheme allowance;
(19) Training for Employment Program allowance;
(20) other taxable Commonwealth education or training payments.
Australian Government pensions and allowances:
(21) Age pension;
(22) Age service pension;
(23) Bereavement allowance;
(24) Carer payment;
(25) Defence Force Income Support Allowance;
(26) Defence Force Income Support Allowance – like payments from the Department of Veterans’ Affairs;
(27) Disability Support Pension;
(28) Income support supplement;
(29) Inval
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