Notice of Requirement for Parents with a Child Support Assessment to Lodge a Return for the Year of Income Ended 30 June 2018
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Jurisdiction
Commonwealth
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legislative instrument
Plain English Summary
3/10 complexity
Requires parents who were a liable or recipient under a child support assessment to lodge an income tax return for the year ended 30 June 2018. A deadline of 31 October 2018 applies (later if an adopted accounting period is used); people with total income below $24,535 who received specified Australian Government payments for the whole year are excluded. The Commissioner may defer lodgment or issue further notices; non‑compliance attracts penalties under the Taxation Administration Act.
This instrument is a formal notice under section 161 of the Income Tax Assessment Act 1936 (as stated in the instrument) that requires specified parents who were parties to a child support assessment to give the Commissioner of Taxation a tax return for the income year ended 30 June 2018 (the “income year”) or for an adopted accounting period if leave was granted under section 18 of the ITAA 1936 (see Definitions, 3.1; Requirement to Lodge, 3.2). It prescribes the lodgment deadlines: for a person whose year of income ends on 30 June 2018 the return must be lodged by 31 October 2018 (3.3). For persons who have an adopted accounting period the lodgment deadline is no later than the last day of the fourth month after the end of their adopted accounting period (Adopted accounting period note).
The instrument defines its target population by reference to Table A, with a carve-out for persons satisfying the criteria in Table B (3.4). Table A captures “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 provides an exemption for persons whose combined amounts from six specified income categories for the income year are less than $24,535 and who were in receipt of specified Australian Government pensions, allowances or payments listed in Table C for the whole of the income year (3.4 Table B). Table C lists the named government payments and allowances (3.4 Table C).
The instrument incorporates existing administrative machinery by reference. It requires the return to be in the approved form (Definitions: “approved form has the meaning given by section 388-50 of Schedule 1 to the TAA”), confirms the Commissioner’s power to defer lodgment dates under section 388-55 of Schedule 1 to the TAA (4.1), and preserves the Commissioner’s power, and that of authorised ATO officers, to issue notices under sections 162 and 163 of the ITAA 1936 requiring returns or further information (4.2). It specifies enforcement pathways: failure to provide a return or other information under the ITAA 1936 or the ITAA 1997 is an offence under section 8C of the TAA, and an alternative is liability to a penalty under Division 286 of Schedule 1 of the TAA (4.3).
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 Year of Income Ended 30 June 2018.
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 Year of Income Ended 30 June 2018.
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
3. Application
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 2018, 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 2018 or the *adopted accounting period (if the person has been granted leave to adopt it under section 18 of the ITAA 1936).
Year of income in this legislative instrument does not include the *adopted accounting period. Otherwise year of income means the same as in subsection 6(1) of the ITAA 1936.
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 2018 must do so by 31 October 2018.
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
3.4 Tables A to C
Table A
Table A
Table A
Every person who was either a liable parent or a recipient parent under a child support assessment, except where they are described in Table B.
Table B
Table B
Table B
Every person where the total of their:
(1) taxable income
(2) exempt Australian Government allowances, pensions and payments
(3) target foreign income
(4) reportable fringe benefits total
(5) total net investment loss, and
(6) reportable superannuation contributions
for the *income year was less than $24,535;
AND
who was in receipt of 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) Austudy payment
(2) Disaster income support allowance for special category visa (subclass 444) holders
(3) Disaster recovery allowance
(4) Farm Household allowance
(5) Newstart allowance
(6) Parenting payment (partnered)
(7) Partner allowance
(8) Sickness allowance
(9) Special benefit
(10) Widow allowance
(11) Youth allowance;
Education payments of any of the following:
(12) ABSTUDY Living allowance
(13) Military Rehabilitation and Compensation Act Education and Training Scheme (‘MRCA Education Allowance’ on a PAYG payment summary)
(14) Veterans’ Children Education Scheme;
Commonwealth labour market program allowances and payments:
(15) CDEP Scheme participant supplement
(16) Green Corps training allowance
(17) Income support component from a Community Development Employment Project (CDEP) – shown as ‘CDEP salary or wages’ on the PAYG payment summary – individual non-business
(18) New Enterprise Incentive Scheme allowance
(19) Training for Employment Program allowance
(20) other taxable Commonwealth education or training payments;
Australian Government pensions and allowances:
(21) Age pension
(22) Age service pension
(23) Bereavement allowance
(24) Carer payment
(25) Defence Force Income Support Allowance
(26) Defence Force Income Support Allowance – like payments from the Department of Veterans’ Affairs
(27) Disability support pension
(28) Education entry payment
(29) Income support supplement
(30) Invalidity service pension
(31) Parenting payment (single)
(32) Partner service pension
(33) Widow B pension
(34) Wife pension.
4. Additional lodgment information
4. Additional lodgment information
4. Additional lodgment information
4.1
Deferral of time for lodgment of returns
4.1 Deferral of time for lodgment of returns
Under section 388-55 of Schedule 1 to the TAA, the Commissioner may defer the time for lodgment of any return to a date later than the relevant date specified in this instrument.
4.2
Notice of requirement to lodge a return or information
4.2 Notice of requirement to lodge a return or information
Nothing in this instrument prevents the Commissioner or an authorised person of the Australian Taxation Office from issuing a notice, under section 162 or section 163 of the ITAA 1936, requiring a person to give the Commissioner, in the approved form, a return, or further returns, or any information, statement or document about the person’s financial affairs for any income year.
4.3
Penalties for non-compliance with lodgment requirements
4.3 Penalties for non-compliance with lodgment requirements
Any person who does not provide a return, or any other information under the ITAA 1936 or the ITAA 1997, commits an offence under section 8C of the TAA.
Alternatively any such person may become liable to pay a penalty under Division 286 of Schedule 1 of the TAA.
Source text
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 Year of Income Ended 30 June 2018.
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
3. Application
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 2018, 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 2018 or the *adopted accounting period (if the person has been granted leave to adopt it under section 18 of the ITAA 1936).
Year of income in this legislative instrument does not include the *adopted accounting period. Otherwise year of income means the same as in subsection 6(1) of the ITAA 1936.
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 2018 must do so by 31 October 2018.
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
3.4 Tables A to C
Notice of Requirement for Parents with a Child Support Assessment to Lodge a Return for the Year of Income Ended 30 June 2018 | Zoe
Mechanically, this notice sets a mandatory lodgment obligation for certain parents linked to child support assessments, fixes a primary lodgment deadline (31 October 2018 for standard year-enders), provides an alternative timeline for adopted accounting periods, defines an income threshold and benefit receipt test for an exemption, and points to existing ATO powers for deferral, further information requests and sanctions (clauses 3.1-4.3).
Main concepts
The instrument rests on a small set of definitional and operational concepts that determine scope and process.
Income year, year of income and adopted accounting period: The instrument uses the term “income year” to mean either the year of income ended 30 June 2018 or an adopted accounting period if leave to adopt was granted under s 18 of the ITAA 1936 (Definitions, 3.1). It separately states that, for the purposes of the legislative instrument, “year of income” does not include the adopted accounting period; otherwise “year of income” is to be read as in subsection 6(1) of the ITAA 1936 (Definitions, 3.1). This produces a two-tier terminology: “income year” can be the adopted accounting period if leave was granted, but the defined phrase “year of income” explicitly excludes any adopted accounting period for the instrument’s internal references (compare Definitions, Adopted accounting period note).
Approved form: The instrument requires that the return be in the approved form, and directs readers to section 388-50 of Schedule 1 to the TAA for the meaning of “approved form” (Definitions, 3.1; Adopted accounting period note). The text also includes an explicit note: “The return must be in the approved form.”
Statutory lodgment requirement: The express command is “Under section 161 of the ITAA 1936, I require every person described in Table A to give me a return for the income year” (3.2). The instrument is therefore a specific Notice of Requirement issued under s 161; it does not purport to alter s 161 itself but exercises the power to issue a requirement.
Exemption test (Table B): The instrument excludes from Table A every person who satisfies the combined-income threshold test and the receipt-of-payments test. The combined-income test aggregates six separate items: taxable income; exempt Australian Government allowances, pensions and payments; target foreign income; reportable fringe benefits total; total net investment loss; and reportable superannuation contributions for the income year (Table B). The threshold is a numeric cut-off of $24,535 (Table B). The receipt test requires being “in receipt of Australian Government pensions, allowances or payments listed in Table C for the whole of the income year” (Table B). Both limbs must be satisfied to be excluded from the lodgment requirement.
Payment list (Table C): Table C enumerates specific Commonwealth payments and allowances by name. The list is extensive and grouped into categories: (a) specified Australian Government allowances and payments (items 1-11), (b) education payments (12-14), (c) Commonwealth labour market programme allowances/payments (15-20), and (d) Australian Government pensions and allowances (21-34). The instrument makes the detailed list part of the exemption test; presence on Table C and receipt for the whole year are core elements in the Table B carve-out.
Administrative flexibilities: The instrument expressly permits the Commissioner to defer lodgment dates under s 388-55 of Schedule 1 to the TAA (4.1). It also preserves the ability of the Commissioner or an authorised ATO officer to issue notices under ss 162 or 163 of the ITAA 1936 requiring additional information, returns or documents (4.2). Those powers are separate from, and operate alongside, the primary requirement in 3.2.
Enforcement framework: The instrument does not itself create new penalties. It points to enforcement under s 8C of the TAA (criminal offence for failing to provide a return or other information under the ITAA 1936 or the ITAA 1997) and to civil penalties under Division 286 of Schedule 1 of the TAA as an alternative (4.3). It thereby layers the notice onto the existing TAA enforcement architecture rather than establishing standalone sanctions.
These concepts determine who is captured, how the capture is tested, what form and timing the return must take, and how the ATO may compel or enforce compliance.
Who it affects
The instrument identifies its affected population by reference to Table A, with a defined exception for persons who meet Table B criteria.
Primary class (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” (3.4 Table A). In plain terms, the baseline universe is parents who were parties to a child support assessment during the relevant income year, either in the position of liable parent or recipient parent.
Exception class (Table B): Table B removes from the primary class any person who meets both of the following conditions for the income year:
The total of six specified items , (1) taxable income; (2) exempt Australian Government allowances, pensions and payments; (3) target foreign income; (4) reportable fringe benefits total; (5) total net investment loss; and (6) reportable superannuation contributions , was less than $24,535 for the income year.
The person “was in receipt of Australian Government pensions, allowances or payments listed in Table C for the whole of the income year.” (3.4 Table B)
Both limbs must be satisfied for the person to be omitted from the obligation in Table A.
Persons with adopted accounting periods: The Definitions section allows for an “adopted accounting period” where leave was granted under s 18 of the ITAA 1936. The instrument’s “income year” definition includes adopted accounting periods if leave was granted; however it also states that “year of income in this legislative instrument does not include the adopted accounting period” (3.1). Practically this means persons who were permitted to use an adopted accounting period for tax will have their lodging deadline adjusted (Adopted accounting period note), and the instrument treats adopted accounting periods as within the meaning of “income year” when leave was granted, while drawing a terminological distinction for internal references.
Persons receiving specified government payments (Table C): Table C lists the specific Australian Government payments that are relevant to the Table B exemption. The list includes, inter alia: Austudy payment; Newstart allowance; Parenting payment (single and partnered); Age pension; Disability support pension; Farm Household allowance; ABSTUDY Living allowance; MRCA Education Allowance; Veterans’ Children Education Scheme; CDEP Scheme participant supplement; New Enterprise Incentive Scheme allowance; and others (3.4 Table C , items 1-34). Only persons who were in receipt of one or more of these payments for the whole of the income year can meet the second limb of the Table B exemption.
Persons otherwise interacting with the ATO: The instrument separately preserves the Commissioner’s ability to issue notices under ss 162 and 163 of the ITAA 1936 requesting additional returns or information (4.2). That power can expand the set of persons who must produce documents beyond those who are captured by Table A, if the Commissioner or an authorised person exercises it in a particular case.
Who pays and who decides: The persons who bear the primary burden are liable parents and recipient parents in child support assessments unless they meet Table B’s criteria. The decision points exercised by officials include the Commissioner’s determinations to defer lodgment dates (under s 388-55 of Schedule 1 to the TAA) and the issuance of further notices under ss 162 or 163 of the ITAA 1936 (4.1-4.2).
Key duties and rights
The instrument imposes specific duties and establishes administrative rights relevant to both taxpayers and the Commissioner.
Duties on taxpayers
Primary lodgment duty: “I require every person described in Table A to give me a return for the income year” under s 161 of the ITAA 1936 (3.2). This is the central mandatory duty: to provide a return for the income year (or adopted accounting period where relevant).
Deadline obligations: Persons whose year of income ends on 30 June 2018 must lodge by 31 October 2018 (3.3). For those with an adopted accounting period, the deadline is no later than the last day of the fourth month after the end of that adopted accounting period (Adopted accounting period note). The instrument’s note unambiguously states the return must be in the approved form.
Form and content: The return must be in the approved form (Definitions, Adopted accounting period note), with “approved form” to be read as defined by section 388-50 of Schedule 1 to the TAA (3.1 Definitions). The instrument itself does not prescribe the content of the approved form but anchors the requirement to the established approved-form regime.
Responses to further notices: The instrument explicitly preserves the Commissioner’s authority to issue notices under ss 162 or 163 of the ITAA 1936 requiring the person to give a return, further returns, or any information, statement or document about the person’s financial affairs for any income year (4.2). Recipients of such notices are obliged to comply with those separate statutory notices.
Rights and administrative discretions
Commissioner’s deferral power: The instrument recognises the Commissioner’s capacity to defer lodgment times under section 388-55 of Schedule 1 to the TAA (4.1). That discretion operates as an administrative right of the Commissioner to extend the lodgment deadline beyond the specified dates.
Power to require additional information: The Commissioner or an authorised ATO person may demand returns or information under ss 162 and 163 of the ITAA 1936 (4.2). That is an administrative power rather than a taxpayer right, but it modifies the scope of what may be required beyond the base lodgment obligation.
Enforcement options: The instrument points to dual enforcement routes. Failure to provide a return or other information can constitute an offence under section 8C of the TAA, and alternatively the person may become liable to pay a penalty under Division 286 of Schedule 1 of the TAA (4.3). The instrument itself does not specify conditions for choice between criminal prosecution and civil penalty, but it makes both pathways available as consequences for non-compliance.
Procedural intersections
Interaction between primary duty and subsequent notices: Compliance with the initial return requirement does not preclude the Commissioner from issuing notices under ss 162 or 163 for additional returns or information (4.2). Thus the initial lodgment may be augmented by further statutory demands.
Approved form and the TAA: Because “approved form” is defined by reference to section 388-50 of Schedule 1 to the TAA, the specifics of form content, and possibly electronic lodgment channels, are governed by that provision rather than by this instrument (Definitions, Adopted accounting period note).
The instrument therefore imposes the duty to lodge, stipulates deadlines by reference to whether a taxpayer uses the standard year or an adopted accounting period, requires use of the approved form, and leaves the Commissioner empowered to vary deadlines and require additional information. Enforcement can proceed by criminal offence under s 8C of the TAA or civil penalties under Division 286, as the instrument identifies.
Penalties and enforcement
The instrument does not create bespoke penalties but expressly links non-compliance to the enforcement regime in the Taxation Administration Act framework. It sets out the enforcement pathways and identifies administrative actors.
Statutory sanctions referenced
Criminal offence under the TAA: The instrument states that “Any person who does not provide a return, or any other information under the ITAA 1936 or the ITAA 1997, commits an offence under section 8C of the TAA” (4.3). The instrument thereby places failure to comply with the return or information obligations within the scope of section 8C as a criminal offence pathway. The instrument does not specify the elements of that offence, the available penalties or sentencing outcomes; it simply identifies the statutory provision that applies.
Civil penalties under Division 286 of Schedule 1 to the TAA: The instrument observes that “Alternatively any such person may become liable to pay a penalty under Division 286 of Schedule 1 of the TAA” (4.3). This presents a civil penalty option as an alternative to prosecution under s 8C. The instrument does not set the amount or calculation method for such penalties; those are matters for Division 286 itself.
Enforcement actors and mechanisms
Commissioner and authorised persons: The instrument repeatedly places responsibility with the Commissioner of Taxation and authorised persons of the Australian Taxation Office. It empowers the Commissioner to defer lodgment dates under s 388-55 of Schedule 1 to the TAA (4.1). It also affirms that the Commissioner or an authorised ATO person can issue notices under ss 162 or 163 of the ITAA 1936 requiring returns or further information (4.2). Those notices are standalone statutory mechanisms to secure information and can, in practice, be used to escalate enforcement.
Notices under ss 162 and 163: The instrument preserves the Commissioner’s right to require further returns, information or documents relating to a person’s financial affairs for any income year (4.2). Notices issued under these sections can broaden or deepen the scope of material required and can trigger the enforcement pathways already identified if the recipient fails to comply.
Allocation of risk and choice of enforcement path
The instrument does not state how the Commissioner chooses between criminal prosecution and civil penalties. It simply puts both routes on the table for failure to provide returns or information under the specified Acts (4.3). The absence of a direction in the instrument means the choice of enforcement approach, and any internal ATO policy guiding that choice, is not governed by this notice.
Practical consequences for non-compliance
Non-lodgment or failure to respond to notices exposes taxpayers to at least two statutory consequences: potential criminal liability under s 8C of the TAA and potential civil monetary penalties under Division 286 of Schedule 1 to the TAA (4.3). The instrument also contemplates that the Commissioner can defer lodgment dates and require additional information; failure to respond to such exercised discretions can feed into enforcement action.
In sum, the instrument references the TAA enforcement framework without specifying penalty quantum or internal decision rules. Enforcement is anchored in s 8C and Division 286, and operationally effected by the Commissioner and authorised ATO officers through notices and deferrals (4.1-4.3).
How it interacts with other laws
This instrument operates by reference to, and within the framework of, existing taxation statutes. It neither purports to amend those statutes nor to displace their operative provisions; instead it uses defined powers and concepts drawn from them.
Primary statutory anchors referenced in the instrument
Income Tax Assessment Act 1936 (ITAA 1936): The instrument is a notice “Under section 161 of the ITAA 1936” requiring returns (3.2). It also refers to section 18 of the ITAA 1936 as the source of leave to adopt an accounting period (Definitions, Adopted accounting period) and to sections 162 and 163 as the powers to require returns or information (4.2). The instrument therefore sits as an exercise of powers under the ITAA 1936 and as a vehicle to operationalise duties contemplated by that Act.
Income Tax Assessment Act 1997 (ITAA 1997): The instrument links failure to provide a return or other information “under the ITAA 1936 or the ITAA 1997” to an offence under section 8C of the TAA (4.3). The reference to the ITAA 1997 makes the instrument’s enforcement consequences cross-reference both principal income tax Acts.
Taxation Administration Act (Schedule 1) (TAA): The instrument repeatedly points to provisions in Schedule 1 to the TAA for operational matters: the meaning of “approved form” is given by section 388-50 of Schedule 1 to the TAA (Definitions, 3.1); the Commissioner’s power to defer lodgment time is section 388-55 of Schedule 1 (4.1); and the criminal offence and civil penalty mechanisms are referenced by section 8C and Division 286 of Schedule 1 to the TAA respectively (4.3). These cross-references delegate detailed administrative rules and penalty structures to the TAA regime.
Operational relationships and implied dependencies
Form content and electronic processes: Because the instrument mandates use of the “approved form” as defined in the TAA Schedule 1, the exact content, information fields, and procedural manner in which the return must be lodged are dependent on the TAA’s approved-form rules (Definitions, Adopted accounting period note). Practitioners must therefore consult the Schedule 1 definitions and instruments setting approved forms to know the precise filing channels and data required.
Adopted accounting period leave: The treatment of adopted accounting periods in both the instrument and the ITAA 1936 conjoin: the instrument recognises adopted accounting periods where leave has been granted under s 18 of the ITAA 1936 and sets a special lodgment timeframe for them (Definitions, Adopted accounting period note). That means a taxpayer’s eligibility to use the adopted period, and the timing consequences, are controlled by s 18 decisions.
Interaction of primary requirement with ss 162/163 notices: The notice under s 161 is the baseline lodgment requirement. The instrument does not limit subsequent exercise of ss 162 and 163 powers; it explicitly leaves them available to the Commissioner or authorised persons to require additional returns or information for any income year (4.2). In practice that means even persons who comply with this notice may be required to provide further material under separate statutory notices.
Limits of the instrument’s scope
No novel penalty regime: The instrument does not create new offences or penalties; it points to existing statutory provisions in the TAA (4.3). Any questions about penalty amounts, mitigating factors, remission, or prosecution policy are matters for the TAA and ATO practice rather than the instrument.
Reliance on definitions in other Acts: Critical technical terms such as “approved form” are defined by reference to the TAA (Definitions). Terms in the ITAA 1936, including the statute’s treatment of “year of income,” are also incorporated (Definitions). The instrument therefore relies on cross-act interpretive frameworks; it is not self-contained.
For practitioners this means the instrument must be read and applied together with the cited provisions of the ITAA 1936, the ITAA 1997 and Schedule 1 to the TAA to determine precise procedural, evidentiary and enforcement consequences.
Amendment history
The instrument itself contains a commencement clause and no internal amendment entries.
Commencement: Clause 2 states that “This instrument commences on the day after it is registered on the Federal Register of Legislation.” That is the only temporal provision in the instrument itself (2. Commencement).
No amendment entries in the text: The text provided does not include any subsequent amendment clauses, repeals, or schedules indicating changes to this instrument after commencement. There are no marked variations, substitution clauses, or version annotations embedded in the supplied instrument text.
Practical implication: Because the instrument’s effective operation depends on its registration date (clause 2), any later amendments, revocations, or replacement notices would be recorded separately on the Federal Register. The instrument as supplied contains no recorded amendment history, and it anchors its operational terms (deadlines, definitions, tables) as of the date it commences.
What the instrument itself does not do: It does not purport to amend s 161 of the ITAA 1936 or to alter the substance of the ITAA 1936, ITAA 1997 or Schedule 1 to the TAA. It operates as a standalone Notice of Requirement under s 161 and references other statutes for definitions, forms, availability of deferral and enforcement mechanisms (3.2, 3.1, 4.1-4.3).
Given the absence of amendment material in the instrument text, readers requiring a definitive amendment timeline should consult the Federal Register of Legislation for registration metadata and any subsequent instruments that amend or repeal this notice. The instrument’s own text, however, contains no amendments or revision history.
Litigation history
The supplied instrument text does not reference any judicial decisions, tribunal determinations, or other litigation history. It contains no citations to cases, no annotations of judicial interpretation, and no indication that the terms of the instrument have been subject to judicial review or declaratory proceedings.
No cases named: Nowhere in the instrument does the text name any court decisions or administrative tribunal determinations. The Definitions, Tables, and procedural clauses stand unaccompanied by any litigation references.
Implication for practitioners: The absence of litigation history in the instrument means that any questions about the legal effect of its provisions, such as the application of the Table B exemption in border cases, the scope of “whole of the income year” for Table C receipts, or the interplay between “income year” and “year of income” when an adopted accounting period is used, will need to be addressed against primary statutes (ITAA 1936, ITAA 1997, Schedule 1 to the TAA) and any relevant case law interpreting those instruments. The instrument itself provides no adjudicated precedents or interpretive guidance.
Where to look for judicial treatment: The instrument does not indicate whether its operation or particular provisions have been litigated. To determine whether courts or tribunals have interpreted similarly structured notices, practitioners would need to consult external repositories of case law and tribunal decisions dealing with s 161 notices, adopted accounting periods under s 18 of the ITAA 1936, or enforcement provisions of the TAA. That research lies outside the contents of the instrument as supplied.
In short, the instrument contains no litigation history; it is a declarative statutory notice whose judicial treatment, if any, is not recorded within the text provided.
Gotchas
The instrument contains several technical features and potential pitfalls that can affect compliance and interpretation. These are matters to check carefully rather than assumptions to be made.
Terminology trap: The instrument distinguishes between “income year” and “year of income.” It defines “income year” to mean the year of income ended 30 June 2018 or an adopted accounting period (if leave was granted) (Definitions, 3.1). It then states “Year of income in this legislative instrument does not include the adopted accounting period” and otherwise adopts the ITAA 1936 definition (Definitions, 3.1). That two-part treatment means that a person operating on an adopted accounting period will be treated as having an “income year” that is the adopted period for the purposes of the lodgment obligation, but “year of income” references within the instrument exclude adopted accounting periods. Misreading or conflating these terms could lead to wrong deadline calculations or improper application of Table B.
Whole-of-year receipt requirement for Table B: Table B requires the person to have been “in receipt of Australian Government pensions, allowances or payments listed in Table C for the whole of the income year” (3.4 Table B). This is an absolute temporal condition; intermittent receipt, partial-year receipt, or payments commencing part-way through the income year appear not to qualify under the instrument’s plain wording. Taxpayers who were on a qualifying payment for part of the year but not the whole year will not meet the Table B exemption as drafted.
Aggregation of income categories: The Table B income threshold test aggregates six different categories (taxable income; exempt Australian Government allowances, pensions and payments; target foreign income; reportable fringe benefits total; total net investment loss; and reportable superannuation contributions). The instrument does not provide the calculation methodology for “target foreign income,” “total net investment loss,” or how to aggregate amounts that may be treated differently under the ITAA 1936 or ITAA 1997. Practitioners must therefore follow the statutory definitions in the underlying tax Acts to calculate these items; the instrument itself does not resolve interpretive ambiguities.
Interaction of adopted accounting periods with the exemption: Because “year of income” is defined not to include an adopted accounting period, but “income year” can be an adopted period where leave is granted, questions arise as to how the Table B calculations apply for adopted accounting periods. The instrument’s text gives the lodgment timing for adopted accounting periods (four months after their end) but does not explicitly restate the application of the Table B aggregation rule for adopted periods. Close attention is required to determine whether the Table B tests use “income year” or “year of income” for their calculations; the table itself refers to “for the income year,” which suggests adopted periods are within scope when leave has been granted (3.4 Table B).
Approved form requirement: The instrument states the return “must be in the approved form” (Adopted accounting period note). The approved form is defined by reference to section 388-50 of Schedule 1 to the TAA. Practitioners must verify the current approved form content and any electronic lodgment requirements set out in Schedule 1; the instrument provides no detail on form fields or supporting documents.
Commissioner’s contradictory actions: The Commissioner may defer lodgment dates under s 388-55 (4.1) and may also issue notices under ss 162/163 requiring further returns or documents (4.2). Those powers operate alongside the present notice and could be exercised either to extend time or to require more material. There is potential for confusion if a taxpayer relies on an extension in one context but is served with a different notice requiring immediate compliance.
Dual enforcement pathways: Non-provision of a return or other information can result in a criminal offence under s 8C of the TAA or a civil penalty under Division 286 (4.3). The instrument gives no guidance on how the ATO will choose between prosecution and civil penalty in any particular case. Practitioners should be aware that both routes are indicated and the instrument does not signal prosecutorial or penalty thresholds.
Table C specificity: Table C is explicit and granular (34 items). Payments with similar names or substitute programmes could be excluded if they are not listed. For example, the instrument lists MRCA Education Allowance as “on a PAYG payment summary” and separately lists Veterans’ Children Education Scheme; other veterans’ or state payments are not on the list. The table’s specificity means that close matching against PAYG summaries and payment names is required to determine whether a person satisfies the Table B receipt condition.
No retroactive modification expressed: The instrument sets an express lodgment date of 31 October 2018 for standard year-enders; there is no retroactive alteration of the year’s dates. Late lodgments or changed circumstances after the year requires consideration of the Commissioner’s deferral power or the ss 162/163 notice mechanisms (4.1-4.2).
Those are the principal technical risks in the instrument as drafted. Each one arises from the instrument’s defined terms, the way the Tables are constructed, and its reliance on external statutory definitions and administrative regimes.
How to comply
The instrument sets out a clear sequence of steps and decision points for persons who may be affected. The actions below follow directly from the instrument’s text and the referenced operational provisions.
Establish whether the instrument applies to you
Confirm whether you were a liable parent or a recipient parent under a child support assessment in the relevant period (3.4 Table A). If you were neither, the notice’s primary requirement in Table A does not apply to you.
If you were a liable parent or recipient parent, proceed to the Table B test to determine whether you are excluded.
Apply the Table B exemption test
Aggregate the following amounts for the income year: (1) taxable income; (2) exempt Australian Government allowances, pensions and payments; (3) target foreign income; (4) reportable fringe benefits total; (5) total net investment loss; and (6) reportable superannuation contributions (3.4 Table B).
If the total is less than $24,535 and you were in receipt of any of the payments listed in Table C for the whole of the income year, then you are described in Table B and are excepted from the Table A requirement (3.4 Table B).
If either limb of Table B is not satisfied (the aggregated total equals or exceeds $24,535, or you were not receiving one of the Table C payments for the whole income year), you fall within Table A and must lodge a return as required.
Determine the applicable lodgment period
If your year of income ends on 30 June 2018, the mandatory lodgment date is 31 October 2018 (3.3).
If you have an adopted accounting period for which leave was granted under section 18 of the ITAA 1936, the lodgment deadline is no later than the last day of the fourth month after the end of your adopted accounting period (Adopted accounting period note). Verify that leave was indeed granted under s 18 before relying on this timing.
Prepare the return in the approved form
The return must be in the approved form (Adopted accounting period note), with “approved form” defined by section 388-50 of Schedule 1 to the TAA (Definitions, 3.1). Obtain and complete the approved form current at the time of lodgment. Ensure all fields reflect the aggregated items that determine Table B status and the income items required by tax law.
Keep supporting records and reconcile payment receipts
Maintain records that evidence the amounts aggregated under Table B (taxable income, exempt government allowances, foreign income, reportable fringe benefits, net investment loss, reportable superannuation contributions) and proof of receipt for any Table C payments for the whole income year (3.4 Table B and Table C). The instrument does not specify documentary standards, but the Commissioner’s power to request further information (4.2) indicates records should be sufficient to respond to any ss 162/163 notices.
Respond to Commissioner notices and seek deferral when necessary
If you require more time to lodge, the Commissioner may defer the lodgment date under section 388-55 of Schedule 1 to the TAA (4.1). Apply for a deferral in accordance with the procedure and criteria set out in Schedule 1 to the TAA.
If the Commissioner or an authorised ATO person issues a notice under s 162 or s 163 of the ITAA 1936 requiring a return or additional information (4.2), comply with the notice’s terms within the time specified.
Be aware of enforcement consequences
Failure to provide the required return or other information under the ITAA 1936 or the ITAA 1997 can amount to an offence under section 8C of the TAA, and alternatively attract a civil penalty under Division 286 of Schedule 1 to the TAA (4.3). If in doubt about exposure to enforcement action, consider timely compliance or seek guidance on deferral options.
Practical checklist items
Verify whether your income year is the standard year ending 30 June 2018 or an adopted accounting period with leave under s 18 (Definitions, Adopted accounting period note).
Confirm whether you were a liable or recipient parent under a child support assessment for the income year (3.4 Table A).
Calculate the Table B aggregate correctly using statutory definitions from the ITAA 1936/1997 for items such as “target foreign income”, “total net investment loss” and “reportable fringe benefits total” (3.4 Table B).
Confirm receipt, for the whole income year, of any payment listed in Table C if relying on the Table B exemption (3.4 Table C).
Lodge the approved-form return by the applicable deadline (3.3, Adopted accounting period note).
Preserve the supporting documentation to evidence calculations and payment receipts in case the Commissioner exercises ss 162/163 powers (4.2).
All steps above derive directly from the instrument’s text and the references it makes to the ITAA 1936, the ITAA 1997 and Schedule 1 to the TAA (3.1-4.3). Practitioners should ensure that calculations of the Table B aggregates and determinations of whole-year payment receipt conform to statutory definitions in the underlying tax Acts, and that any applications for deferral follow the procedure in Schedule 1 to the TAA.
Every person who was either a liable parent or a recipient parent under a child support assessment, except where they are described in Table B.
Table B Table B
Table B
Every person where the total of their:
(1) taxable income
(2) exempt Australian Government allowances, pensions and payments
(3) target foreign income
(4) reportable fringe benefits total
(5) total net investment loss, and
(6) reportable superannuation contributions
for the *income year was less than $24,535;
AND
who was in receipt of 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) Austudy payment
(2) Disaster income support allowance for special category visa (subclass 444) holders
(3) Disaster recovery allowance
(4) Farm Household allowance
(5) Newstart allowance
(6) Parenting payment (partnered)
(7) Partner allowance
(8) Sickness allowance
(9) Special benefit
(10) Widow allowance
(11) Youth allowance;
Education payments of any of the following:
(12) ABSTUDY Living allowance
(13) Military Rehabilitation and Compensation Act Education and Training Scheme (‘MRCA Education Allowance’ on a PAYG payment summary)
(14) Veterans’ Children Education Scheme;
Commonwealth labour market program allowances and payments:
(15) CDEP Scheme participant supplement
(16) Green Corps training allowance
(17) Income support component from a Community Development Employment Project (CDEP) – shown as ‘CDEP salary or wages’ on the PAYG payment summary – individual non-business
(18) New Enterprise Incentive Scheme allowance
(19) Training for Employment Program allowance
(20) other taxable Commonwealth education or training payments;
Australian Government pensions and allowances:
(21) Age pension
(22) Age service pension
(23) Bereavement allowance
(24) Carer payment
(25) Defence Force Income Support Allowance
(26) Defence Force Income Support Allowance – like payments from the Department of Veterans’ Affairs
(27) Disability support pension
(28) Education entry payment
(29) Income support supplement
(30) Invalidity service pension
(31) Parenting payment (single)
(32) Partner service pension
(33) Widow B pension
(34) Wife pension.
4. Additional lodgment information 4. Additional lodgment information
4. Additional lodgment information
4.1 Deferral of time for lodgment of returns
4.1 Deferral of time for lodgment of returns
Under section 388-55 of Schedule 1 to the TAA, the Commissioner may defer the time for lodgment of any return to a date later than the relevant date specified in this instrument.
4.2 Notice of requirement to lodge a return or information
4.2 Notice of requirement to lodge a return or information
Nothing in this instrument prevents the Commissioner or an authorised person of the Australian Taxation Office from issuing a notice, under section 162 or section 163 of the ITAA 1936, requiring a person to give the Commissioner, in the approved form, a return, or further returns, or any information, statement or document about the person’s financial affairs for any income year.
4.3 Penalties for non-compliance with lodgment requirements
4.3 Penalties for non-compliance with lodgment requirements
Any person who does not provide a return, or any other information under the ITAA 1936 or the ITAA 1997, commits an offence under section 8C of the TAA.
Alternatively any such person may become liable to pay a penalty under Division 286 of Schedule 1 of the TAA.