Explanatory Statement

General outline of Instrument

This Instrument sets out who is required to lodge an annual return, in the approved form, and the due date for lodgment.

The proposed Instrument will be a Legislative Instrument for the purposes of the Legislative Instruments Act 2003 and it is legally binding on the Commissioner of Taxation (“the Commissioner”)

Date of effect

The Instrument applies to the financial year ended 30 June 2009 or an approved period in lieu and is effective from the day after it is registered.

What is this Instrument about:

The principal purpose of the Instrument is to require lodgment of income tax and annual returns in accordance with section 161 of the Income Tax Assessment Act 1936 and section 35D of the Superannuation Industry (Supervision) Act 1993 for an income year by specifying who is to lodge and to stipulate the date by which they are to lodge. The Instrument establishes due dates for lodgment of returns which can be deferred by the exercise of the Commissioner’s discretion under s 388-55 of Schedule 1 to the Taxation Administration Act 1953, for example the deferred due date for returns lodged under the tax agent lodgment program.

What is the effect of this Instrument:

The effect of this Instrument is that taxpayers have guidance on their obligations to lodge returns in the approved form and the date by which they must be lodged and the penalty that may be applied for failure to lodge on time.

Compliance cost impact:

An assessment of the compliance cost impact indicates that the impact will be minimal for both implementation and on-going compliance costs. The Instrument is routine in nature.

Background:

Since the commencement of the Income Tax Assessment Act 1936, section 161 of that Act refers to the requirement to lodge an annual return. Every person must, if required by the Commissioner, give to the Commissioner a return for a year of income within the period specified in the notice.

Each year the Commissioner publishes a notice that sets out the requirements for certain taxpayers to lodge returns and the date by which they must be lodged. It also identifies classes of taxpayers who are not required to lodge a return.

The notice defines a ‘person’ and in tables sets out in detail the requirements for a ‘person’ to lodge a return, as well as supplementary information such as the requirement for lodgment in the approved form and the penalties that may be applied for failing to lodge the return on time.

Consultation:

There has been no consultation in relation to this Instrument. This is a machinery provision and a requirement of section 161 of the Income Tax Assessment Act 1936 and section 35D of the Superannuation Industry (Supervision Act) 1993 and it is a long standing practice to publish the due dates for lodgment of returns for each financial year and who must lodge them.

Michael D'Ascenzo

Commissioner of Taxation

19^th June 2009

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