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Taxation Administration Act 1999
56BLiability of directors and former directors for amounts of
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56B Liability of directors and former directors for amounts of
tax
(1) This section applies if a corporation does not pay an assessment
(2) The commissioner may give a written notice about the assessment
amount (a compliance notice) to 1 or more of the following:
(a) a director of the corporation;
(b) a person who was a director of the corporation when the
corporation first became liable to pay the assessment amount, or
any part of the assessment amount, or at any time afterwards (a
former director).
Note For how documents may be served, see the Legislation Act, pt 19.5.
(3) The compliance notice must state—
(a) the assessment amount; and
(b) a period (of at least 21 days after the day the notice is given to
the director or former director) within which the notice must be
complied with; and
(c) that the director or former director will be liable to pay the
assessment amount if the amount is not paid, or the assessment
is not withdrawn, within the stated period.
(4) If the assessment amount is not paid, or the assessment is not
withdrawn, within the period stated in the compliance notice, the
director or former director is jointly and severally liable with the
corporation to pay the assessment amount.
(5) For this section, an assessment is taken to be withdrawn if—
(a) the commissioner makes an arrangement with the corporation
for the payment of the assessment amount; or
(b) an administrator of the corporation is appointed under the
Corporations Act, part 5.3A; or
Recovery of tax from directors of corporations Division 7.2
(c) the corporation begins to be wound up within the meaning of the
Corporations Act.
(6) A person does not cease to be liable to pay an assessment amount
because the person ceases to be a director of the corporation.
(7) A former director of a corporation is not liable for any tax for which
the corporation first became liable after the director ceased to be a
director of the corporation, other than interest on an assessment
amount for which the former director is liable.