Notice of Requirement for Parents with a Child Support Assessment to Lodge a Return for the Income Year Ended 30 June 2021
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legislative instrument
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This instrument requires parents who were either a liable or recipient parent under a child support assessment to lodge an income tax return for the year ended 30 June 2021, except where a low‑income exception in Table B applies. It sets lodgment deadlines (31 October 2021 or four months after an adopted accounting period), lists relevant Australian Government payments, and warns of criminal or penalty consequences for non‑compliance. The Commissioner may defer lodgment dates or issue further notices under the ITAA/TAA provisions cited.
This legislative instrument is a notice made by a delegate of the Commissioner of Taxation under the Taxation Administration Act 1953 (TAA) and the Income Tax Assessment Act 1936 (ITAA 1936). It requires specified persons with a child support assessment to lodge an income tax return for the income year ended 30 June 2021 (or an adopted accounting period), sets lodgment deadlines, identifies an income‑based exception, and references the statutory mechanisms for form, deferral and enforcement.
Mechanically, the instrument:
States its name and commencement: it is the Notice of Requirement for Parents with a Child Support Assessment to Lodge a Return for the Income Year Ended 30 June 2021, and it commences the day after registration on the Federal Register of Legislation (see "Name of instrument" and "Commencement").
Exercises authority under s 161 of the ITAA 1936 to require returns from every person described in Table A (see "3.2 Requirement to Lodge").
Defines "income year" as the year of income ended 30 June 2021 or an adopted accounting period (see "3.1 Definitions"); persons with an adopted accounting period must lodge no later than the last day of the fourth month after the end of that adopted period.
Specifies a primary lodgment deadline of 31 October 2021 for persons whose year of income ends on 30 June 2021 (see "3.3 Information on when and how to lodge").
Identifies the persons required to lodge (Table A) and an exception group (Table B) based on a numerical income threshold ($26,319) and continuous receipt during the income year of one or more listed government pensions, allowances or payments (Table C) (see "3.4 Tables A to C").
Requires returns in the approved form, referencing the meaning of "approved form" in s 388-50 of Schedule 1 to the TAA (see "3.1 Definitions" and notes).
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 2021.
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 2021.
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 2021
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 2021 under section 161 of the Income Tax Assessment Act 1936 (ITAA 1936).
Signed Vivek Chaudhary
Deputy Commissioner of Taxation
12 May 2021
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 2021.
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 2021, 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 2021 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 2021 must do so by 31 October 2021.
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 (excluding any assessable First home super saver released amount);
(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 $26,319;
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 (but not in relation to 2019-20 bushfires);
(4) Disaster recovery allowance (but not in relation to 2019-20 bushfires);
(5) Farm Household allowance;
(6) Parenting payment (partnered);
(7) Partner allowance;
(8) Sickness allowance;
(9) Special Benefit;
(10) Widow allowance;
(11) Youth allowance;
(12) Youth disability supplement as a component of ABSTUDY living allowance or Youth Allowance
Education payments of any of the following:
(13) ABSTUDY Living Allowance;
(14) Military Rehabilitation and Compensation Act Education and Training Scheme (‘MRCA Education Allowance’ on a pay as you go (PAYG) payment summary or income statement);
(15) Veterans’ Children Education Scheme.
Commonwealth labour market program allowances and payments:
(16) Income support component of wages paid to participants in the Community Development Projects (CDEP) Scheme and CDEP Scheme participant supplement;
(17) New Enterprise Incentive Scheme allowance;
(18) Training for Employment Program allowance;
(19) other taxable Commonwealth education or training payments.
Australian Government pensions and allowances:
(20) Age pension;
(21) Age service pension;
(22) Bereavement allowance;
(23) Carer payment;
(24) Defence Force Income Support Allowance;
(25) Defence Force Income Support Allowance – like payments from the Department of Veterans’ Affairs;
(26) Disability Support Pension;
(27) Income support supplement;
(28) Invalidity service pension;
(29) Parenting payment (single);
(30) Partner service pension;
(31) Veteran payment;
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 Income Tax Assessment Act 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 2021, 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 2021 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 2021 must do so by 31 October 2021.
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 2021
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 2021 under section 161 of the Income Tax Assessment Act 1936 (ITAA 1936).
Signed Vivek Chaudhary
Deputy Commissioner of Taxation
12 May 2021
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 2021.
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 2021, 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 2021 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 2021 must do so by 31 October 2021.
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 (excluding any assessable First home super saver released amount);
(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 $26,319;
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 (but not in relation to 2019-20 bushfires);
(4) Disaster recovery allowance (but not in relation to 2019-20 bushfires);
(5) Farm Household allowance;
(6) Parenting payment (partnered);
(7) Partner allowance;
(8) Sickness allowance;
(9) Special Benefit;
(10) Widow allowance;
(11) Youth allowance;
(12) Youth disability supplement as a component of ABSTUDY living allowance or Youth Allowance
Education payments of any of the following:
(13) ABSTUDY Living Allowance;
(14) Military Rehabilitation and Compensation Act Education and Training Scheme (‘MRCA Education Allowance’ on a pay as you go (PAYG) payment summary or income statement);
(15) Veterans’ Children Education Scheme.
Commonwealth labour market program allowances and payments:
(16) Income support component of wages paid to participants in the Community Development Projects (CDEP) Scheme and CDEP Scheme participant supplement;
(17) New Enterprise Incentive Scheme allowance;
(18) Training for Employment Program allowance;
(19) other taxable Commonwealth education or training payments.
Australian Government pensions and allowances:
(20) Age pension;
(21) Age service pension;
(22) Bereavement allowance;
(23) Carer payment;
(24) Defence Force Income Support Allowance;
(25) Defence Force Income Support Allowance – like payments from the Department of Veterans’ Affairs;
(26) Disability Support Pension;
(27) Income support supplement;
(28) Invalidity service pension;
(29) Parenting payment (single);
(30) Partner service pension;
(31) Veteran payment;
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 Income Tax Assessment Act 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 (excluding any assessable First home super saver released amount);
(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 $26,319;
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 (but not in relation to 2019-20 bushfires);
(4) Disaster recovery allowance (but not in relation to 2019-20 bushfires);
(5) Farm Household allowance;
(6) Parenting payment (partnered);
(7) Partner allowance;
(8) Sickness allowance;
(9) Special Benefit;
(10) Widow allowance;
(11) Youth allowance;
(12) Youth disability supplement as a component of ABSTUDY living allowance or Youth Allowance
Education payments of any of the following:
(13) ABSTUDY Living Allowance;
(14) Military Rehabilitation and Compensation Act Education and Training Scheme (‘MRCA Education Allowance’ on a pay as you go (PAYG) payment summary or income statement);
(15) Veterans’ Children Education Scheme.
Commonwealth labour market program allowances and payments:
(16) Income support component of wages paid to participants in the Community Development Projects (CDEP) Scheme and CDEP Scheme participant supplement;
(17) New Enterprise Incentive Scheme allowance;
(18) Training for Employment Program allowance;
(19) other taxable Commonwealth education or training payments.
Australian Government pensions and allowances:
(20) Age pension;
(21) Age service pension;
(22) Bereavement allowance;
(23) Carer payment;
(24) Defence Force Income Support Allowance;
(25) Defence Force Income Support Allowance – like payments from the Department of Veterans’ Affairs;
(26) Disability Support Pension;
(27) Income support supplement;
(28) Invalidity service pension;
(29) Parenting payment (single);
(30) Partner service pension;
(31) Veteran payment;
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 2021
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 2021 under section 161 of the Income Tax Assessment Act 1936 (ITAA 1936).
Signed Vivek Chaudhary
Deputy Commissioner of Taxation
12 May 2021
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 2021.
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 2021, 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 2021 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 2021 must do so by 31 October 2021.
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 (excluding any assessable First home super saver released amount);
(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 $26,319;
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 (but not in relation to 2019-20 bushfires);
(4) Disaster recovery allowance (but not in relation to 2019-20 bushfires);
(5) Farm Household allowance;
(6) Parenting payment (partnered);
(7) Partner allowance;
(8) Sickness allowance;
(9) Special Benefit;
(10) Widow allowance;
(11) Youth allowance;
(12) Youth disability supplement as a component of ABSTUDY living allowance or Youth Allowance
Education payments of any of the following:
(13) ABSTUDY Living Allowance;
(14) Military Rehabilitation and Compensation Act Education and Training Scheme (‘MRCA Education Allowance’ on a pay as you go (PAYG) payment summary or income statement);
(15) Veterans’ Children Education Scheme.
Commonwealth labour market program allowances and payments:
(16) Income support component of wages paid to participants in the Community Development Projects (CDEP) Scheme and CDEP Scheme participant supplement;
(17) New Enterprise Incentive Scheme allowance;
(18) Training for Employment Program allowance;
(19) other taxable Commonwealth education or training payments.
Australian Government pensions and allowances:
(20) Age pension;
(21) Age service pension;
(22) Bereavement allowance;
(23) Carer payment;
(24) Defence Force Income Support Allowance;
(25) Defence Force Income Support Allowance – like payments from the Department of Veterans’ Affairs;
(26) Disability Support Pension;
(27) Income support supplement;
(28) Invalidity service pension;
(29) Parenting payment (single);
(30) Partner service pension;
(31) Veteran payment;
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 Income Tax Assessment Act 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 Income Tax Assessment Act 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 2021.
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 2021
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 2021 under section 161 of the Income Tax Assessment Act 1936 (ITAA 1936).
Signed Vivek Chaudhary
Deputy Commissioner of Taxation
12 May 2021
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 2021.
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 2021, 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 2021 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.
Affirms that the Commissioner retains other statutory powers: to defer lodgment under s 388-55 of Schedule 1 to the TAA, and to issue further notices under s 162 or s 163 of the ITAA 1936 (see "4.1" and "4.2").
Signals enforcement: non-provision of a return or other required information is an offence under s 8C of the TAA, or may attract a penalty under Division 286 of Schedule 1 to the TAA (see "4.3").
The instrument therefore operationalises the Commissioner’s power under s 161 ITAA 1936 for a defined cohort connected to child support assessments, sets concrete deadlines and eligibility for an exemption, and links the requirement to established TAA mechanisms for formality, deferral and sanction.
Main concepts
The instrument deploys a small set of statutory and technical concepts to define scope and process. Each main concept is stated in the instrument and tied to other statutory provisions.
Authority and maker. The instrument is signed by Vivek Chaudhary, Deputy Commissioner of Taxation and delegate of the Commissioner, made under section 8 of the TAA and exercising the notice power in section 161 of the ITAA 1936 ("I, Vivek Chaudhary ... under section 8 of the TAA, make the following instrument ... under section 161 of the ITAA 1936"). The instrument is therefore a delegated exercise of the Commissioner’s functions.
Income year and adopted accounting period. "Income year" is defined as the year of income ended 30 June 2021 or the adopted accounting period. "Adopted accounting period" denotes an accounting period for which a person has been granted leave to adopt under section 18 of the ITAA 1936. The instrument takes care to distinguish "year of income" (as in subsection 6(1) of the ITAA 1936) and to exclude the adopted accounting period from the definition of "year of income".
Population covered (Table A). The central coverage concept is persons who "were either a liable parent or a recipient parent under a child support assessment" (Table A). The instrument uses the statutory power under s 161 ITAA 1936 to require returns from that class.
Exception by income and receipt (Table B and Table C). The instrument creates a conditional exception: a person falls outside the requirement if, for the income year, the total of six listed items (taxable income excluding certain FHSS released amounts; exempt Australian Government allowances, pensions and payments; target foreign income; reportable fringe benefits total; total net investment loss; and reportable superannuation contributions) is less than $26,319 and that person was in receipt of one or more specific government pensions, allowances or payments listed in Table C for the whole of the income year. Table C is extensive and enumerates welfare, education and labour market payments and specified pensions.
Form and timing. Returns must be in the "approved form", a term defined by reference to section 388-50 of Schedule 1 to the TAA. Deadlines are explicit: 31 October 2021 for usual year‑end filers; for those with an adopted accounting period, the last day of the fourth month after the adopted accounting period’s end.
Enforcement and supplementary powers. The instrument references the Commissioner’s power to defer lodgment under section 388-55 of Schedule 1 to the TAA. It also expressly does not limit the Commissioner's power to issue additional notices under section 162 or 163 of the ITAA 1936 requiring returns or further information, and it references penalties: criminal offence under section 8C of the TAA or civil penalties under Division 286 of Schedule 1 to the TAA.
Procedural redundancy and duplications. The source text repeats many provisions verbatim across sections; the definitions and tables recur. That repetition does not introduce additional legal content beyond restatement, but practitioners should read the instrument’s definitions and tables as authoritative where they appear.
These concepts combine to convert the Commissioner’s general statutory authority to require returns into a targeted, income‑tested lodgment requirement tied to child support assessments for the specific income year ended 30 June 2021 (or an adopted accounting period).
Who it affects
The instrument identifies its target population narrowly and conditionally. The primary group required to lodge is described in Table A: "Every person who was either a liable parent or a recipient parent under a child support assessment" (Table A). The instrument uses the word "person", which is not further qualified in the text; therefore the requirement is not explicitly restricted to natural persons in the instrument itself. That choice follows the statutory language of section 161 of the ITAA 1936 as referenced by the instrument.
Exclusions and conditional exceptions are stated in Table B. A person otherwise in Table A is excluded from the requirement where, for the income year, the aggregate of six enumerated items is less than $26,319 and the person "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 B). The six items counted toward the $26,319 threshold are set out in Table B and include both assessable and explicitly exempt items: (1) taxable income (with an express exclusion for any assessable First home super saver released amount), (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. The inclusion of exempt government payments in the total can affect whether a person meets the threshold.
Table C enumerates the government payments whose continuous receipt for the whole income year is required for the Table B exception. Table C lists 31 discrete items across categories: unemployment and student allowances (e.g., Jobseeker payment, Austudy), disaster and seasonal allowances, education payments (e.g., ABSTUDY Living Allowance, MRCA Education Allowance), Commonwealth labour market program allowances, and a range of pensions and allowances (e.g., Age pension, Disability Support Pension, Parenting payment single/partnered). The Table also includes specific exclusions for certain items tied to bushfire assistance in 2019-20 (see entries (3) and (4)).
Practical consequences for groups:
Liable parents (paying child support) and recipient parents (receiving child support assessments) are prima facie captured unless they meet Table B’s conditions.
Low‑income parents who received one of the listed payments for the entire income year and whose combined specified items are under $26,319 are excluded from the lodgment requirement.
A person whose receipt of a Table C payment was not continuous for the whole income year (for example, they began receiving a payment mid‑year) does not satisfy the Table B exemption and thus must lodge.
Persons with an adopted accounting period are subject to a different lodgment deadline (last day of the fourth month after the adopted period ends) and must have been granted leave under s 18 of the ITAA 1936 to have that adopted period (see "Adopted accounting period" in 3.1 Definitions).
The instrument does not specify numeric counts or demographic statistics; it confines itself to definitional and temporal rules determining who must lodge. It also leaves open the ability of the Commissioner to issue further notices under ss 162 and 163 of the ITAA 1936, which can extend or clarify information required from any person (see "4.2").
Key duties and rights
Duties imposed by the instrument are procedural and substantive, and rights are primarily procedural and statutory.
Duties:
Lodgment duty: Every person described in Table A must give the Commissioner a return for the income year, as required under section 161 of the ITAA 1936 (see "3.2 Requirement to Lodge"). The duty is conditional on not being in Table B.
Timing duty: Persons whose year of income ends 30 June 2021 must lodge by 31 October 2021 (see "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 (see "Adopted accounting period").
Form duty: The return must be in the approved form (the instrument notes "The return must be in the approved form" and references the meaning of "approved form" as given by section 388-50 of Schedule 1 to the TAA in the definitions).
Record and information duty by notice: The Commissioner (or authorised ATO person) may require a person to give returns, further returns or any information, statement or document about a person’s financial affairs under ss 162 and 163 of the ITAA 1936; the instrument expressly does not prevent those notices (see "4.2").
Rights and procedural protections embedded in the instrument by reference:
Right to an adopted accounting period: persons who have leave under s 18 ITAA 1936 to adopt a different accounting period lodge under the adopted timetable; the instrument recognises that statutory exception (see "Adopted accounting period").
Discretionary deferral: the Commissioner may defer lodgment under section 388-55 of Schedule 1 to the TAA (see "4.1"), so a person may seek or rely on a statutory deferral where appropriate.
Notice and further requirement scope: the instrument does not exclude the use of ss 162 and 163 ITAA 1936 notices, which are statutory powers that must be exercised according to law; the instrument leaves those powers available to the Commissioner.
Consequences for non‑performance:
Criminal offence: failure to provide a return or other required information under the ITAA 1936 or the Income Tax Assessment Act 1997 is an offence under section 8C of the TAA (see "4.3").
Civil penalties: alternatively or additionally, a person may become liable to pay a penalty under Division 286 of Schedule 1 to the TAA (see "4.3").
Operational implications of duties and rights:
Practitioners must determine statutory status (liable/recipient parent) for the relevant income year, calculate whether the Table B income test is met (including counting exempt government payments and specific reportable items), confirm whether any specified government payment in Table C was received for the whole income year, and lodge in the approved form by the applicable deadline unless a deferral is arranged.
A person subject to the instrument also remains vulnerable to separate notices under ss 162/163 requiring more detailed documentary disclosure; those notices operate alongside (not as a substitute for) this instrumental requirement.
The instrument therefore creates a discrete lodgment duty for a targeted class subject to statutory procedural integration with existing TAA and ITAA powers, rather than novel substantive liabilities.
Penalties and enforcement
The instrument specifies enforcement pathways and refers to applicable statutory penalty provisions; it does not itself create new offences or penalties beyond referencing existing statutory regimes.
Statutory enforcement mechanisms referenced:
Criminal offence under section 8C of the TAA. The instrument states: "Any person who does not provide a return, or any other information under the ITAA 1936 or the Income Tax Assessment Act 1997, commits an offence under section 8C of the TAA" (see "4.3"). The text presents s 8C TAA as the criminal route available for failure to comply with the lodgment or information duties established or required by the ITAA 1936 and ITAA 1997.
Civil penalties under Division 286 of Schedule 1 to the TAA. The instrument adds that a person may "become liable to pay a penalty under Division 286 of Schedule 1 to the TAA" (see "4.3"), indicating an alternative administrative sanctions regime.
Notices under ss 162 and 163 ITAA 1936. The Commissioner or an authorised ATO person may issue a notice under section 162 or 163 requiring returns, further returns, or any information, statement or document about a person’s financial affairs for any income year (see "4.2"). Those notices are a routine statutory enforcement tool that can compel the production of materials beyond the single return required by this instrument.
Deferral power under section 388-55 TAA: the Commissioner may defer the lodgment time to a date later than specified in the instrument (see "4.1"), providing a remedial administrative discretion that can be applied if warranted.
Practical enforcement pathways and interactions:
The instrument sets a primary lodgment deadline (31 October 2021 for usual year‑end filers) and an alternative deadline for adopted accounting periods. If a person fails to lodge by the applicable date, the Commissioner has at least three mechanisms: pursue criminal offence proceedings under s 8C TAA; apply administrative penalties under Division 286 of Schedule 1 to the TAA; or use ss 162/163 notices to compel information to correct or generate a return. The instrument does not indicate which response will be preferred in particular circumstances; it simply lists the statutory options.
The instrument does not describe graduated enforcement steps, remission regimes, or administrative penalty remission processes; it leaves practitioners to the underlying statutes for those procedures. It similarly does not indicate the quantum or calculation methods for Division 286 penalties; those are matters governed by the TAA Schedule 1.
Constraints and procedural notes in the source:
The Commissioner’s ability to issue further notices under ss 162/163 remains available even where this instrument has been issued (see "4.2"), meaning non‑compliance may trigger follow‑up information demands.
The Commissioner’s discretion to defer lodgment under s 388-55 TAA remains, which can mitigate timing exposures for some taxpayers (see "4.1").
Because the instrument itself only cross‑refers to the statutory penalty and notice regimes, practitioners should consult the cited provisions in the TAA (s 8C, Division 286 Schedule 1) and the ITAA 1936 (ss 161-163) for the detailed mechanics of prosecutions, penalty quantums, remission, and procedural safeguards. The instrument makes clear, however, that failure to comply is not merely administrative: it can attract criminal or civil consequences under existing taxation law.
How it interacts with other laws
This instrument operates as a statutory notice under the ITAA 1936 and is tightly linked to provisions of the TAA. The text explicitly cross‑references several statutory provisions and incorporates statutory definitions by reference.
Primary statutory interactions specified in the instrument:
Section 161 of the ITAA 1936. The instrument explicitly exercises the power in s 161 to require persons to give returns for an income year ("Under section 161 of the ITAA 1936, I require every person described in Table A to give me a return for the income year" , see "3.2"). The instrument is therefore an exercise of that specific statutory notice power.
Section 8 of the TAA. The instrument identifies the maker as a delegate of the Commissioner exercising a function under s 8 of the TAA. That situates the instrument within the TAA’s delegations framework and confirms it was made by a proper delegate (see opening paragraphs and signature).
Schedule 1 to the TAA (ss 388-50 and 388-55). The instrument refers to "approved form" as having the meaning in section 388-50 of Schedule 1 to the TAA and to the Commissioner’s power to defer lodgment under section 388-55 of Schedule 1 to the TAA (see "3.1 Definitions" and "4.1"). Those cross‑references import procedural requirements and deferral mechanics governed by the TAA’s schedule.
Sections 162 and 163 of the ITAA 1936. The instrument expressly states that it does not prevent the Commissioner or an authorised person from issuing notices under these sections requiring additional returns, information, statements or documents about a person’s financial affairs for any income year (see "4.2"). Those sections are the statutory notice and information powers, and the instrument sits alongside them rather than replacing them.
Section 18 and subsection 6(1) of the ITAA 1936. The instrument uses "adopted accounting period" and "year of income" as defined by s 18 leave and subsection 6(1) respectively; it excludes adopted accounting periods from the definition of "year of income" and recognises the need for leave under s 18 to adopt an accounting period (see "3.1 Definitions").
Income Tax Assessment Act 1997 (ITAA 1997). The instrument references the ITAA 1997 in relation to the offence statement: failure to provide a return or other information under the ITAA 1936 or the ITAA 1997 may constitute an offence under section 8C of the TAA (see "4.3").
Operational interactions and consequences:
Procedural layering: the instrument creates a specific notice obligation under s 161 ITAA 1936 for a class tied to child support assessments while remaining fully integrated with existing TAA procedural rules on form, deferral and penalties (s 388-50, s 388-55, s 8C, Division 286). Practitioners must therefore apply both the instrument’s content and the referenced TAA/ITAA provisions in tandem.
Information compulsion: ss 162 and 163 ITAA 1936 remain available to require additional material. The instrument can be seen as the baseline lodgment requirement; the Commissioner retains statutory means to seek more detailed or follow-up information.
Interaction with adopted accounting periods: because the instrument adopts the statutory concept of "adopted accounting period" (s 18 leave), entities or persons who use a substituted accounting period will have different lodgment timing, as set out in the instrument.
Counting of exempt payments: Table B requires counting "exempt Australian Government allowances, pensions and payments" as part of the $26,319 total. That cross‑links the instrument to the substantive tax treatment of such amounts under other tax law provisions and to the definitions that determine what is "exempt", "reportable fringe benefits", "target foreign income", "total net investment loss", etc. The instrument does not set substantive tax characterisations itself but depends on them for the threshold calculation.
Limitations in the instrument’s interactions:
The instrument does not restate the detailed procedural content of the TAA or ITAA sections it references; it incorporates those provisions by reference. For questions such as penalty amounts, procedural steps for prosecution or penalty notices, or the precise meaning of certain tax terms, the underlying statutes must be consulted.
The instrument does not attempt to displace the Commissioner’s other statutory powers; it explicitly preserves them.
In summary, the instrument is a targeted statutory notice which sits within and interoperates with the existing ITAA and TAA framework: it depends on those Acts for authority, form, deferral, compulsion of information and enforcement.
Amendment history
The instrument itself provides its signature date and commencement mechanism but does not record any later amendments; the text as provided contains no express amending instruments or dates of amendment. From the instrument’s content, the relevant facts are:
Date signed: the instrument is signed by Vivek Chaudhary, Deputy Commissioner, on 12 May 2021 (signature block).
Commencement rule: the instrument "commences on the day after it is registered on the Federal Register of Legislation" (see "2. Commencement"). No specific registration date is printed in the text provided; the commencement rule therefore ties operational effect to the registration event.
No amendment clauses: the instrument does not include a clause stating that it amends, repeals or replaces any prior instrument. It is presented as a standalone notice exercising s 161 ITAA 1936 powers for the 2020-21 income year ended 30 June 2021.
Document repetition and duplication:
The source text as supplied contains multiple verbatim repetitions of the instrument’s title, definitions and tables. Those repetitions appear to be duplicative reproductions rather than separate amendments. They do not, on their face, indicate subsequent changes in substance. For purposes of amendment history, the repetitions in the supplied text should be treated as redundancies in the printed instrument rather than as record of amendments.
Implications for tracking amendments:
To establish whether this instrument has been amended after its registration date, practitioners must consult the Federal Register of Legislation (or the instrument’s official entry) to view any subsequent amendment instruments. The instrument itself contains no amendment schedule, transitional provisions or sunset clauses.
Because the instrument applies to the income year ended 30 June 2021 and lodgment deadlines were set in calendar 2021 (31 October 2021), practical application is time‑limited. That temporal scope reduces the likelihood that the instrument would be subject to routine later amendments, but the instrument does not preclude amendments.
If a practitioner requires formal amendment history or status (current, superseded, repealed), the appropriate source is the Federal Register of Legislation where registration metadata, revision history and any amending instruments are recorded. The instrument as provided contains the initial signed date and the commencement rule but no entries of subsequent amendment.
Litigation history
The instrument contains no recorded litigation history. It does not cite any cases, and the supplied text does not state that it has been the subject of judicial review, challenge or precedent.
What the instrument does record:
It is a delegate’s notice made under section 8 of the TAA and section 161 of the ITAA 1936; the instrument records those statutory origins and the authorising signature. It does not indicate that any party has sought interlocutory relief, declaratory relief, or judicial review in respect of this particular notice.
Implications for practitioners:
Because there is no litigation history in the instrument, there are no judicially determined points of construction or application of this specific notice’s provisions recorded in the document itself.
Questions about the validity, interpretation or enforcement of the notice (for example, whether a given person falls within Table A, whether a specific payment is one listed in Table C, or whether the income aggregation in Table B should include a particular item) remain matters that could be litigated. However, any authoritative answers would need to be sought in a court decision or tribunal determination, none of which are cited in the instrument.
Where dispute or ambiguity arises in application, reference must be made to the underlying statutes cited by the instrument (s 161 ITAA 1936; TAA Schedule 1 provisions; ss 162/163 ITAA 1936) and to any case law interpreting those statutes. The instrument itself provides no judicial guidance.
For completeness, practitioners should check the public Federal Court, Administrative Appeals Tribunal, and other relevant repositories for any proceedings that may have addressed this instrument after its registration date. The instrument does not record such matters.
Gotchas
The instrument’s text contains several detail points that can create practical traps if overlooked. The following are concrete issues drawn from the instrument and their operational implications.
Exemption depends on two conjunctive conditions (Table B). To be excluded from the lodgment requirement, a person must both:
have their aggregate of six specified income items less than $26,319 for the income year; and
have been "in receipt of one or more" listed payments in Table C "for the whole of the income year".
Both conditions are required. Missing continuous receipt for the whole income year , even if the person’s aggregated income is below the threshold , means the person is not exempt and must lodge a return.
The income total for the threshold includes exempt government payments. Table B explicitly lists "exempt Australian Government allowances, pensions and payments" as item (2) in the aggregate that is compared to $26,319. That means receipt of such exempt payments will increase the total used for the threshold test even though the payments may be tax‑exempt in substance. Practically, a person receiving a Table C payment could find that the same payment both qualifies them for the "receipt of payment" condition and increases their aggregated total, potentially pushing them above $26,319 and removing the exemption.
The required receipts under Table C must be for the whole income year. Table C items must have been received "for the whole of the income year" to satisfy the Table B exception. A person who received a listed payment only part of the year (for example, began Jobseeker payment mid‑year) will not satisfy the Table B exemption even if annualised income would be low.
The instrument uses "person" not "individual". Table A says "Every person who was either a liable parent or a recipient parent under a child support assessment". The instrument does not explicitly limit the class to natural persons. The statutory context (child support assessments) suggests individuals, but the instrument does not itself restrict the term. Practitioners should confirm the application to entities with reference to the ITAA 1936 and the underlying child support legislation where needed.
First home super saver released amounts excluded from taxable income item. Item (1) of the aggregate in Table B states "taxable income (excluding any assessable First home super saver released amount)". The instrument therefore treats FHSS released amounts as excluded from that element. Care is required in computing aggregate income if FHSS released amounts appear in the tax return.
Approved form requirement. The instrument notes "The return must be in the approved form". The meaning of "approved form" is by reference to s 388-50 of Schedule 1 to the TAA. Failing to use the approved form may be a compliance issue though the instrument does not say whether an incorrect form equals non‑lodgment. Practitioners should ensure the return complies with the approved form requirements.
Deferral is discretionary. Section 388-55 Schedule 1 to the TAA permits the Commissioner to defer lodgment. The instrument does not create an automatic deferral or explain grounds; it merely recognises the Commissioner’s statutory power. Taxpayers seeking relief must engage the statutory deferral process.
The instrument preserves ss 162 and 163 notices. Even if a person otherwise meets the conditions of Table B and is therefore not required by this notice to lodge, the Commissioner retains the power to issue s 162 or s 163 notices requiring returns or information. The instrument cannot be relied on as a bar to follow‑up information requests.
Criminal and civil penalty options. The instrument flags both s 8C criminal offence exposure and administrative penalties under Division 286 Schedule 1 to the TAA. The instrument does not indicate which route an enforcement agency will take in practice; that discretion can have significant consequences for the taxpayer (procedural standards, proof requirements, and penalty levels differ).
Timing and registration. The instrument commences "on the day after it is registered on the Federal Register of Legislation". The supplied text does not show the registration date. Care must be taken to confirm the registered commencement date to identify the operative period for enforcement and for deferral requests.
Duplication in the text. The instrument as supplied repeats key sections and tables multiple times. While repetition does not change legal effect, it increases the risk of overlooking a definition or reading one copy but not another. Practitioners should read the instrument holistically and align their advice to the operative definitions and tables.
These are not legal opinions but concrete interpretive points that arise directly from the instrument’s text. Checking continuous receipt records, carefully aggregating the specified income items (including exempt amounts), confirming the approved forms, and validating registration and deadlines are immediate practical steps to avoid adverse compliance consequences.
How to comply
The instrument prescribes a straightforward but exacting compliance pathway. The following operational checklist sets out steps that flow directly from the instrument and cites the precise textual hooks for each step.
Establish status under Table A (duties). Confirm whether the person "was either a liable parent or a recipient parent under a child support assessment" for the income year ended 30 June 2021 (Table A). This is the primary gate: if the person is not in Table A, the instrument does not require them to lodge under s 161 ITAA 1936.
Assess applicability of Table B exception. If the person is in Table A, determine whether they meet both conjunctive elements of Table B:
Compute the total of the six listed items for the income year: (1) taxable income (excluding any assessable First home super saver released amount); (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. Confirm that total is less than $26,319 (Table B).
Confirm whether the person was "in receipt of one or more Australian Government pensions, allowances or payments listed in Table C for the whole of the income year". Receipt must be for the whole income year to qualify (Table B and Table C). If both conditions are satisfied, the person is excluded from the lodgment requirement; otherwise they must lodge.
Verify year type and deadline. Identify whether the return relates to the standard year of income ending 30 June 2021 or to an adopted accounting period:
If year ends 30 June 2021, the lodgment deadline is 31 October 2021 (see "3.3 Information on when and how to lodge").
If the person has an "adopted accounting period" (they have been granted leave under s 18 ITAA 1936), the lodgment deadline is "no later than the last day of the fourth month after the end of their adopted accounting period" (see "Adopted accounting period"). Confirm that s 18 leave exists and note the adopted period end date.
Prepare the return in the approved form. The instrument requires the return to be "in the approved form" (note under "Adopted accounting period" and definition "Approved form" as having the meaning in s 388-50 of Schedule 1 to the TAA). Obtain the approved form specification referenced in s 388-50 and ensure the return aligns with that format and content.
Keep supporting documentation for the Table B calculation. Maintain documentary evidence supporting all elements included in the Table B total:
PAYG summaries or income statements for assessable income.
Statements showing receipt and amounts of Australian Government payments (including documentation proving continuous receipt for the whole income year where applicable).
Documents establishing reportable fringe benefits totals, target foreign income, total net investment loss and reportable superannuation contributions.
These records will be relevant both to the threshold determination and to any follow‑up notices under ss 162/163.
Consider and, where necessary, apply for deferral. If the person cannot meet the lodgment deadline, consider seeking the Commissioner’s discretionary deferral under s 388-55 of Schedule 1 to the TAA (see "4.1"). The instrument notes the Commissioner may defer lodgment but does not set grounds; apply to the ATO using the established deferral channels and provide justification and supporting evidence.
Respond promptly to ss 162/163 notices. The Commissioner may issue further notices requiring returns, additional returns, or further information about a person’s financial affairs for any income year (see "4.2"). If such a notice is received, treat it as mandatory and respond within the time specified, with full documentation.
Understand penalty exposure and mitigation options. Non‑provision of returns or required information can constitute an offence under s 8C of the TAA or lead to a penalty under Division 286 of Schedule 1 to the TAA (see "4.3"). If non‑compliance is unavoidable, seek deferral or engage with the ATO promptly to avoid escalation to criminal or civil penalty processes.
Confirm registration and commencement date. The instrument commences the day after registration on the Federal Register of Legislation. Confirm the actual registration date to verify operative deadlines and enforcement start date.
Document the compliance decision and adviser steps. Because the Table B test includes multiple categories and the instrument preserves the Commissioner’s power to issue notices and penalties, retain contemporaneous records of the analysis, communications with the ATO, deferral applications, and the lodgment submission. Documentation will be critical in responding to any enforcement or review actions.
Seek specialist advice for borderline cases. If the Table B threshold calculation is uncertain (for example, the correct classification of certain payments, interaction with FHSS released amounts, or the meaning of "target foreign income"), refer to the governing statutory provisions cross‑referenced in the instrument (s 161, s 18, subsection 6(1) ITAA 1936; s 388-50 and s 388-55 Schedule 1 TAA) and consider obtaining tax specialist advice to avoid inadvertent non‑compliance.
Following these steps will align a taxpayer with the instrument’s requirements: confirm status under Table A, verify whether Table B applies, lodge the return in the approved form by the applicable deadline (or obtain a deferral), keep supporting records, and respond to any ss 162/163 notices. The instrument’s cross‑references to TAA and ITAA provisions mean compliance also requires familiarity with those statutes’ procedural and penalty rules.
Every person required to lodge a return whose *year of income ends on 30 June 2021 must do so by 31 October 2021.
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 (excluding any assessable First home super saver released amount);
(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 $26,319;
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 (but not in relation to 2019-20 bushfires);
(4) Disaster recovery allowance (but not in relation to 2019-20 bushfires);
(5) Farm Household allowance;
(6) Parenting payment (partnered);
(7) Partner allowance;
(8) Sickness allowance;
(9) Special Benefit;
(10) Widow allowance;
(11) Youth allowance;
(12) Youth disability supplement as a component of ABSTUDY living allowance or Youth Allowance
Education payments of any of the following:
(13) ABSTUDY Living Allowance;
(14) Military Rehabilitation and Compensation Act Education and Training Scheme (‘MRCA Education Allowance’ on a pay as you go (PAYG) payment summary or income statement);
(15) Veterans’ Children Education Scheme.
Commonwealth labour market program allowances and payments:
(16) Income support component of wages paid to participants in the Community Development Projects (CDEP) Scheme and CDEP Scheme participant supplement;
(17) New Enterprise Incentive Scheme allowance;
(18) Training for Employment Program allowance;
(19) other taxable Commonwealth education or training payments.
Australian Government pensions and allowances:
(20) Age pension;
(21) Age service pension;
(22) Bereavement allowance;
(23) Carer payment;
(24) Defence Force Income Support Allowance;
(25) Defence Force Income Support Allowance – like payments from the Department of Veterans’ Affairs;
(26) Disability Support Pension;
(27) Income support supplement;
(28) Invalidity service pension;
(29) Parenting payment (single);
(30) Partner service pension;
(31) Veteran payment;
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 Income Tax Assessment Act 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 2021, 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 2021 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 2021 must do so by 31 October 2021.
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 2021
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 2021 under section 161 of the Income Tax Assessment Act 1936 (ITAA 1936).
Signed Vivek Chaudhary
Deputy Commissioner of Taxation
12 May 2021
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 2021.
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 2021, 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 2021 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 2021 must do so by 31 October 2021.
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 (excluding any assessable First home super saver released amount);
(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 $26,319;
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 (but not in relation to 2019-20 bushfires);
(4) Disaster recovery allowance (but not in relation to 2019-20 bushfires);
(5) Farm Household allowance;
(6) Parenting payment (partnered);
(7) Partner allowance;
(8) Sickness allowance;
(9) Special Benefit;
(10) Widow allowance;
(11) Youth allowance;
(12) Youth disability supplement as a component of ABSTUDY living allowance or Youth Allowance
Education payments of any of the following:
(13) ABSTUDY Living Allowance;
(14) Military Rehabilitation and Compensation Act Education and Training Scheme (‘MRCA Education Allowance’ on a pay as you go (PAYG) payment summary or income statement);
(15) Veterans’ Children Education Scheme.
Commonwealth labour market program allowances and payments:
(16) Income support component of wages paid to participants in the Community Development Projects (CDEP) Scheme and CDEP Scheme participant supplement;
(17) New Enterprise Incentive Scheme allowance;
(18) Training for Employment Program allowance;
(19) other taxable Commonwealth education or training payments.
Australian Government pensions and allowances:
(20) Age pension;
(21) Age service pension;
(22) Bereavement allowance;
(23) Carer payment;
(24) Defence Force Income Support Allowance;
(25) Defence Force Income Support Allowance – like payments from the Department of Veterans’ Affairs;
(26) Disability Support Pension;
(27) Income support supplement;
(28) Invalidity service pension;
(29) Parenting payment (single);
(30) Partner service pension;
(31) Veteran payment;
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 Income Tax Assessment Act 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 (excluding any assessable First home super saver released amount);
(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 $26,319;
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 (but not in relation to 2019-20 bushfires);
(4) Disaster recovery allowance (but not in relation to 2019-20 bushfires);
(5) Farm Household allowance;
(6) Parenting payment (partnered);
(7) Partner allowance;
(8) Sickness allowance;
(9) Special Benefit;
(10) Widow allowance;
(11) Youth allowance;
(12) Youth disability supplement as a component of ABSTUDY living allowance or Youth Allowance
Education payments of any of the following:
(13) ABSTUDY Living Allowance;
(14) Military Rehabilitation and Compensation Act Education and Training Scheme (‘MRCA Education Allowance’ on a pay as you go (PAYG) payment summary or income statement);
(15) Veterans’ Children Education Scheme.
Commonwealth labour market program allowances and payments:
(16) Income support component of wages paid to participants in the Community Development Projects (CDEP) Scheme and CDEP Scheme participant supplement;
(17) New Enterprise Incentive Scheme allowance;
(18) Training for Employment Program allowance;
(19) other taxable Commonwealth education or training payments.
Australian Government pensions and
This is an opening excerpt, not the complete document.
Notice of Requirement for Parents with a Child Support Assessment to Lodge a Return for the Income Year Ended 30 June 2021 | Zoe