16‑195 Payer’s right to recover amounts 16‑195 Payer’s right to recover amounts of penalty: certain withholding taxes

#### 16‑195 Payer’s right to recover amounts of penalty: certain withholding taxes (1) An entity that has paid an amount of penalty under section 16‑30, 16‑35 or 16‑40 for a \*withholding payment covered by: (a) Subdivision 12‑F (about a dividend, interest or royalty payment); or (aa) section 12‑305 (about a departing Australia superannuation payment); or (ab) Subdivision 12‑FC (about labour mobility programs); or (b) section 12‑320 (about a mining payment); or (c) Subdivision 12‑H (about distributions of withholding MIT income); may recover an amount equal to the amount of penalty from the person liable to pay the \*withholding tax, or \*mining withholding tax, for the withholding payment. > Note Sections 16‑30, 16‑35 and 16‑40 provide for an administrative penalty for failing to comply with Division 12 or 14. (2) Subsection (3) applies if an entity has paid an amount of penalty under section 12‑415 to the Commissioner for a failure to give a notice, or to make details available on a website, as required by section 12‑395 in relation to an amount (the relevant amount). (3) The entity may recover from another entity that is liable to pay \*managed investment trust withholding tax in relation to an amount attributable to the relevant amount the lesser of: (a) an amount equal to the amount of that tax that the other entity is liable to pay; and (b) the amount of the penalty.