has made a TFN declaration in relation to the trustee of the entity, scheme or fund, or the RSA provider, that states his or her tax file number, and has effect under Division 3 (except a declaration that includes a statement mentioned in subsection 202CB(2)), the person is taken, so long as he or she continues to be such a beneficiary, member or holder, to have quoted that tax file number to the trustee of the entity, scheme or fund or to the RSA provider, as the case may be, in connection with the operation or possible future operation of the Superannuation Contributions Tax (Assessment and Collection) Act 1997 and the Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997.
(2) In this section:
constitutionally protected superannuation fund has the same meaning as constitutionally protected fund has in the Income Tax Assessment Act 1997.
eligible superannuation entity has the same meaning as in the Superannuation Industry (Supervision) Act 1993.
regulated exempt public sector superannuation scheme has the same meaning as in Part 25A of the Superannuation Industry (Supervision) Act 1993.
Division 4A—Quotation of tax file numbers in connection with farm management deposits
202DL Quotation of tax file number
A depositor of a farm management deposit quotes the owner’s tax file number to the FMD provider in connection with the deposit by:
(a) stating the number in the form mentioned in subsection 393‑20(2) of the Income Tax Assessment Act 1997 in relation to the deposit; or
(b) informing the FMD provider of the number in any other manner approved by the Commissioner in connection with the deposit.
Note: If a farm management deposit was made by a trustee on behalf of a beneficiary who was under a legal disability when the deposit was made, and the beneficiary is no longer under a legal disability, this Division applies as if the beneficiary had made the deposit: see section 393‑28 of the Income Tax Assessment Act 1997.
202DM Effect of incorrect quotation of tax file number
Commissioner may notify FMD provider of correct tax file number
(1) If the Commissioner is satisfied:
(a) that the tax file number quoted to an FMD provider in connection with a farm management deposit:
(i) has been cancelled or withdrawn since it was quoted; or
(ii) is otherwise wrong; and
(b) that the owner has a tax file number;
the Commissioner may give the FMD provider notice in writing of the owner’s correct tax file number.
Commissioner may notify FMD provider if owner does not have a tax file number etc.
(3) If:
(a) the Commissioner is satisfied that the tax file number quoted to an FMD provider in connection with a farm management deposit:
(i) has been cancelled since it was quoted; or
(ii) is for any other reason not the owner’s tax file number; and
(b) the Commissioner is not satisfied that the owner has a tax file number;
the Commissioner may give the FMD provider notice in writing accordingly.
Commissioner to give owner copy of notice
(4) If a notice is given under subsection (3), the Commissioner must give the depositor a copy of the notice, together with a written statement of the reasons for the decision to give the notice.
Notice takes effect when given to owner
(5) The notice takes effect on the day specified in the notice, being a day not earlier than the day on which the copy of the notice is given to the depositor.
Tax file number deemed not quoted
(6) On and from the day on which the notice takes effect, the depositor is taken not to have quoted the owner’s tax file number in connection with the deposit.
Division 4B—Quotation of tax file numbers in connection with certain closely held trusts
202DN Application of Division
This Division applies to both the trustee of a trust and to a beneficiary of the trust, if:
(a) paragraph 12‑175(1)(c) in Schedule 1 to the Taxation Administration Act 1953 applies to the trust; and
Note: That paragraph applies to certain closely held trusts.
(b) paragraph 12‑175(1)(d) in that Schedule applies to the beneficiary.
202DO Quotation of tax file numbers
(1) The beneficiary may quote the beneficiary’s tax file number to the trustee.
(2) The beneficiary quotes the beneficiary’s tax file number to the trustee if the beneficiary, or another person acting for the beneficiary, informs the trustee of the number in a manner approved by the Commissioner.
202DP Trustee must report quoted tax file numbers
(1) The trustee must report the beneficiary’s tax file number to the Commissioner, in the approved form, if:
(a) the beneficiary quotes the beneficiary’s tax file number to the trustee during a quarter (within the meaning of the Income Tax Assessment Act 1997); and
(b) the beneficiary has not quoted the beneficiary’s tax file number to the trustee in connection with an investment to which this Part applies; and
(c) the trustee has not reported, and is not required to report, the beneficiary’s tax file number to the Commissioner under Division 6D of Part III of this Act (about trustee beneficiary non‑disclosure tax).
(2) The trustee must give the report to the Commissioner within:
(a) one month after the end of the quarter to which it relates; or
(b) within such further time as the Commissioner allows.
(3) The Commissioner may, by notice in writing given to the trustee, inform the trustee that the period specified in the notice (being a period greater than 3 months) is to be the trustee’s reporting period for the purposes of this section. If the Commissioner does so, a reference in this section to a quarter is taken to be a reference to the period specified in the notice.
(4) For the purposes of this section, disregard subsection 202DR(3).
Note: Refusal or failure to report to the Commissioner as required by this section is an offence under section 8C of the Taxation Administration Act 1953.
202DR Effect of incorrect quotation of tax file number
Commissioner may notify trustee of correct tax file number
(1) If the Commissioner is satisfied:
(a) that the tax file number quoted to the trustee:
(i) has been cancelled or withdrawn since it was quoted; or
(ii) is otherwise wrong; and
(b) that the beneficiary has a tax file number;
the Commissioner may give the trustee notice in writing of the beneficiary’s correct tax file number.
(2) The notice given under subsection (1) is taken to have taken effect on the day on which the cancelled or withdrawn tax file number was quoted to the trustee as mentioned in paragraph (1)(a).
(3) On and from the day on which the notice given under subsection (1) took effect, the beneficiary is taken to have quoted the beneficiary’s correct tax file number to the trustee.
Commissioner may notify trustee if beneficiary does not have a tax file number etc.
(4) If:
(a) the Commissioner is satisfied that the tax file number quoted to the trustee:
(i) has been cancelled or withdrawn since it was quoted; or
(ii) is for any other reason not the beneficiary’s tax file number; and
(b) the Commissioner is not satisfied that the beneficiary has a tax file number;
the Commissioner must give the trustee written notice accordingly.
(5) The Commissioner must give the beneficiary a copy of the notice given under subsection (4), together with a written statement of the reasons for the decision to give the notice.
(6) The notice given under subsection (4) takes effect on the day specified in the notice, being a day not earlier than the day on which the copy of the notice is given to the beneficiary.
(7) On and from the day on which the notice given under subsection (4) takes effect, the beneficiary is taken not to have quoted the beneficiary’s tax file number to the trustee.
Note: The trustee may be required to withhold an amount from a payment to the beneficiary if the beneficiary has not quoted the beneficiary’s tax file number to the trustee at the time the payment is made: see sections 12‑175 and 12‑180 in Schedule 1 to the Taxation Administration Act 1953.
As such, the trustee may be required to withhold if a notice under subsection (4) of this section is in effect on the day on which the payment is made.
Division 5—Exemptions
202EA Persons receiving certain pensions etc.—employment
(1) Nothing in this Part shall be taken to provide for a person who is a recipient because the person receives, or expects to receive, a pension or benefit referred to in subsection (5) to make a TFN declaration, or to quote his or her tax file number, in connection with the payment of that pension, benefit or allowance.
(2) For the purposes of this Part, a person who is being paid a pension or benefit referred to in subsection (5) shall be taken to have quoted his or her tax file number in a TFN declaration given to a payer of the person if a statement is made in the declaration to the effect that the person is being paid such a pension or benefit.
(3) A person who, as a person who is being paid a pension or benefit referred to in subsection (5), is taken, because of this section, to have quoted his or her tax file number in a TFN declaration shall continue to be taken to have, because of this section, quoted the number in the declaration until the Commissioner gives a written notice to the person to the effect that the person is no longer entitled to exemption under this section.
(4) The Commissioner may not give a notice under subsection (3) until the person has ceased to be paid any pension or benefit referred to in subsection (5).
(5) This section applies in relation to the following:
(a) an age pension under Part 2.2 of the Social Security Act 1991;
(b) a disability support pension under Part 2.3 of that Act;
(d) a carer payment under Part 2.5 of that Act;
(fa) a parenting payment that is a pension PP (single) under Part 2.10 of that Act;
(g) a special benefit under Part 2.15 of that Act;
(h) a special needs pension under Part 2.16 of that Act;
(i) a pension under Part III of the Veterans’ Entitlements Act 1986;
(ia) income support supplement under Part IIIA of the Veterans’ Entitlements Act 1986.
202EB Persons receiving certain pensions etc.—investments
(1) For the purposes of this Part, a person to whom this section applies shall be taken to have quoted his or her tax file number under Division 4 in connection with the investment if the investment body concerned is given the following information by the person in a manner approved by the Commissioner:
(a) the person’s full name;
(b) the nature of the pension, benefit or allowance by virtue of the payment of which the person is a person to whom this section applies.
(3) A person who, as a person to whom this section applies, is taken, because of this section, to have quoted his or her tax file number in connection with an investment shall continue to be taken to have, because of this section, quoted the number in connection with the investment until the Commissioner gives a written notice to the person to the effect that the person is no longer entitled to exemption under this section.
(4) The Commissioner may not give a notice under subsection (3) until the person has ceased to be a person to whom this section applies.
(5) A person to whom this section applies is a person who is being paid:
(a) one of the following:
(i) an age pension under Part 2.2 of the Social Security Act 1991;
(ii) a disability support pension under Part 2.3 of that Act;
(iv) a carer payment under Part 2.5 of that Act;
(via) a parenting payment that is a pension PP (single) under Part 2.10 of that Act;
(vii) a special benefit under Part 2.15 of that Act;
(viii) a special needs pension under Part 2.16 of that Act; or
(c) a pension under Part III of the Veterans’ Entitlements Act 1986; or
(d) income support supplement under Part IIIA of the Veterans’ Entitlements Act 1986.
202EC Entities not required to lodge income tax returns
(1) For the purposes of this Part, where:
(a) an entity that is not required to furnish to the Commissioner a return under section 161 in respect of a year of income is, at any time during that year, an investor in relation to an investment to which this Part applies; and
(b) the entity does not have a tax file number;
the entity shall be taken to have quoted its tax file number in connection with the investment if the investment body concerned is given the following information by the eligible representative in a manner approved by the Commissioner:
(c) the name and address of the entity;
(d) the reason why the entity is not obliged to furnish to the Commissioner a return under section 161 in respect of the year of income.
(3) An entity that, as an entity that is not required to furnish to the Commissioner a return under section 161 in respect of a year of income, is to be taken, because of this section, to have quoted its tax file number in connection with an investment shall continue to be taken to have, because of this section, quoted the number in connection with the investment until 2 months after the end of the first year of income, following the time at which the entity is to be taken to have quoted the number, in respect of which the entity is required so to furnish a return.
(4) Where an entity in respect of which information has been given to an investment body under subsection (1) in connection with an investment becomes obliged under section 161 to furnish a return in respect of a year of income, the person who is the public officer of the entity for the purposes of this Act commits an offence if:
(a) the entity is, at the end of the year of income, still an investor in relation to the investment; and
(b) the investment body is not, within 2 months after the end of the year of income, informed of the entity’s tax file number or informed that the entity is obliged to furnish the return.
Penalty: 10 penalty units.
(5) For the purposes of this section, a person is an eligible representative of an entity if the person is:
(a) where the entity is a body corporate—a person who is any one or more of the following:
(i) the public officer of the body corporate for the purposes of this Act;
(ii) an officer of the body corporate within the meaning of section 8Y of the Taxation Administration Act 1953;
(iii) a receiver of property of the body corporate, whether appointed by a court or otherwise and whether or not also a manager;
(iv) a liquidator of the body corporate appointed by a court;
(v) in the case of a foreign company within the meaning of the Corporations Act 2001—a local agent of the company within the meaning of that Act;
(vi) an employee of the body corporate in relation to whom there is in force a written authorisation to act as an eligible representative of the body corporate, being an authorisation by a person who, when the authorisation was given, was an eligible representative of the body corporate by virtue of one or more of the preceding subparagraphs; or
(b) where the entity is an unincorporated association—a person who is any one or more of the following:
(i) the public officer of the unincorporated association for the purposes of this Act;
(ii) a director, secretary, office‑holder, liquidator, receiver or trustee of the association;
(iii) an employee or member of the unincorporated association in relation to whom there is in force a written authorisation to act as an eligible representative of the unincorporated association, being an authorisation by a person who, when the authorisation was given, was an eligible representative of the unincorporated association by virtue of either or both of the preceding subparagraphs.
202EE Non‑residents
(1) For the purposes of this Part, where:
(a) a non‑resident is an investor in relation to an investment to which this Part applies; and
(b) at a particular time, the investment body pays an amount to the non‑resident by way of income derived from the investment;
the non‑resident is taken to have quoted the non‑resident’s tax file number in connection with the investment at that time if:
(c) the investment body is required:
(i) to withhold an amount under Subdivision 12‑F or 12‑H in Schedule 1 to the Taxation Administration Act 1953 from the payment; or
(ii) to pay the Commissioner an amount under Subdivision 12A‑C in that Schedule in respect of the payment; or
(d) the investment body would have been required to withhold such an amount but for the operation of paragraph 128B(3)(a), (ga) or (jb) or subparagraph 128B(3)(h)(iv) of this Act or subsection 802‑15(1) of the Income Tax Assessment Act 1997.
(2) If:
(a) a person who was a non‑resident and an investor in relation to an investment to which this Part applies becomes a resident of Australia at a particular time; and
(b) the person is, at that time, still an investor in relation to the investment; and
(c) the investment body concerned is not, within one month after that time, informed of the person’s tax file number or informed that the person has become such a resident;
the person commits an offence.
Penalty: 10 penalty units.
(3) Nothing in this section affects the person’s liability to pay withholding tax.
202EG Manner of completing declarations
Where a person is unable to make a declaration under this Division, the declaration may be made by another person on behalf of the first‑mentioned person.
202EH Declarations under this Division to be retained in certain circumstances
The Commissioner may, by legislative instrument, direct an investment body to retain declarations, or declarations of a particular kind, made under this Division for such time as is specified in the direction.
Division 6—Review of decisions
202F Review of decisions
(1) Applications may be made to the Tribunal for review of the following decisions of the Commissioner: