Commonwealth legislation

PAYG Withholding Variation: Variation of amount to be withheld from Indigenous artists when an ABN is not provided

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

2/10 complexity

This rule removes the requirement for payers to withhold tax on payments to Indigenous artists who live or work in remote Zone A and do not quote an ABN, and it also removes the need to issue them a payment summary.

It benefits Indigenous visual artists, craftspeople and cultural performers and the galleries, agents or buyers who pay them by eliminating upfront tax deductions and reducing administrative barriers to receiving full payment.

JSON API Tax / GST / superannuation

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Current sections

Direct links to the current provisions in PAYG Withholding Variation: Variation of amount to be withheld from Indigenous artists when an ABN is not provided.

PAYG Withholding Variation: Variation of amount to be withheld from Indigenous artists when an ABN is not provided

Legislative Instrument

PAYG WITHHOLDING VARIATION: Variation of amount to be withheld from indigenous artists when an ABN is not provided

I, Michael Ingersoll, Deputy Commissioner of Taxation, make this determination under:

section 15-15 of Schedule 1 to the Taxation Administration Act 1953, and
section 16\-180 of Schedule 1 of the Taxation Administration Act 1953.

Michael Ingersoll

Deputy Commissioner of Taxation

9 March 2016

Name of instrument

This determination is the ‘PAYG Withholding Variation: Variation of amount to be withheld from indigenous artists when an ABN is not provided’.

Commencement

This instrument commences on 1 April 2016.

Repealing of existing instrument

This legislative instrument repeals legislative instrument:

PAYG Withholding Variation: Indigenous Artists - F2006B00477, registered on 6 March 2006.

4. Application

This instrument applies to payments made to indigenous artists for artistic works where the artist:

works or lives in zone A (ordinary or special) and
does not quote an Australian Business Number (ABN).

Artistic works include the following:

Graphic work, photography, sculpture, painting or collage;
A work of artistic craftsmanship; and
The performance or presentation by a person, or the participation by a person in a musical performance, play, dance, entertainment, display, exhibition or similar activity of a cultural nature.

5. Amount to be withheld

The amount to be withheld from payments covered by this instrument has been varied to nil.

6. Payment summaries

An entity is exempted under section 16-180 of Schedule 1 to the Taxation Administration Act 1953 from the requirement to issue payment summaries under section 16-167 of Schedule 1 for payments that are covered by this instrument.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 PAYG Withholding Variation: Variation of amount to be withheld from Indigenous artists when an ABN is not provided