Taxation Administration Act 2007
Part 53A of the Corporations Act 2001; or
Start here
Get a plain-English read of Part 5
Turn the raw legal text into a practical explanation grounded in Taxation Administration Act 2007.
Part 5.3A of the Corporations Act 2001; or (d) the company goes into liquidation. (5) If a company remedies its default by entering into an instalment arrangement but later contravenes a condition of the arrangement, the company's default is taken to revive and the Commissioner may serve another notice on the directors under this section. (6) If the company fails to remedy its default within the 28-day period, the directors become jointly and severally liable, with the company, for the payment of the tax liability assessed against the company. (7) In proceedings for recovery of tax from a director under this section, it is a defence for the director to establish that: (a) the director took all reasonable steps that were possible in the circumstances to get the company to remedy its default; or (b) the director was unable because of illness or for some other proper reason to take steps to get the company to remedy its default.
Taxation Administration Act 2007 33 (8) If a director pays tax or tax is recovered from a director under this section, the director is entitled to be indemnified by the company for the amount paid or recovered. (9) In this section: director, of a company, includes a person who was a director when the relevant tax liability was incurred by the company, or a notice under this section was issued, but has since ceased to be a director.