21HNominated deduction

21H Nominated deduction

(1) For the purpose of ascertaining the tax payable by a designated group employer, there shall, subject to this section, be deducted, from the amount of wages included in a return furnished in accordance with section 17 or 18, or from the amount of wages assessed by the Commissioner pursuant to section 23, being an amount of wages payable during the return period that last commenced before the date of lodgment of the notice under subsection 21G(1) designating the employer: (a) where the return or assessment relates to a period of one month—the statutory amount; (b) where the return or assessment relates to a part of a month—the amount calculated in accordance with the formula Image unavailable in extracted text, where: A is the statutory amount; B is the number of whole days in that part of the month; and C is the whole number of days in the month; and (c) where the return or assessment relates to a period of more than a month—the amount calculated in accordance with the formula Image unavailable in extracted text, where: A is the statutory amount; B is the number of whole months in the period; C is the number of whole days in any part of a month included in the period; and D is the number of days in the last‑mentioned month. (2) For the purposes of subsection (1), the statutory amount in relation to a designated group employer is the amount specified in a nomination referred to in subsection (3) or, if there is no such nomination, nil. (3) A notice under subsection 21G(1) may contain a nomination of the amount (being an amount calculated in the manner specified in the form approved for the purposes of that subsection but not exceeding the relevant amount as defined in subsection 12(9)) of the deduction claimed to be made on behalf of the group by the designated group employer in respect of each month. (4) The Commissioner may, at any time: (a) on an application in writing signed by or on behalf of each person known to the Commissioner to be a member of a group; or (b) of the Commissioner’s own motion; make a determination specifying an amount, not exceeding the relevant amount as defined in subsection 12(9), that may be claimed by the designated group employer in respect of that group as the statutory amount, and the amount so specified shall, with effect from such date as is specified in the determination (which may be a date earlier than the date of the determination), notwithstanding any other provision of this section, be deemed to be the statutory amount in relation to the designated group employer. (5) The Commissioner shall, as soon as practicable after making a determination under subsection (4), cause notice in writing of the determination to be served on the designated group employer concerned. (6) The Commissioner may, by notice in writing served on the designated group employer concerned, revoke or vary a determination under subsection (4) with effect from such date as is specified in the notice (which may be a date earlier than the date of the notice).