97Agent for absentee principal winding-up business

97 Agent for absentee principal winding-up business

(1)  If an agent for an absentee principal has been required by the principal to wind-up the principal's business, the agent must notify the Commissioner of the intention to wind-up the business before taking any steps to wind it up.

Penalty:  Fine not exceeding 5 penalty units.

(2)  After receiving notice under subsection (1) , the Commissioner may notify the agent in writing of –

(a) the amount (if any) of payroll tax for which the principal is liable; and

(b) the date (at least 21 days after the notice is given) by which the tax must be paid.

(3)  An agent who is given notice under subsection (2) must –

(a) set aside an amount out of the assets of the principal's business that is sufficient to pay the tax; and

(b) pay the tax to the Commissioner by the date specified in the notice.

Penalty:  Fine not exceeding 5 penalty units.

(4)  If an agent contravenes this section, the agent is personally liable for any tax that becomes payable in respect of the principal's business.