Federal Register of Legislation - Australian Government

Primary content

Withholding Tax Instruments as made
This instrument continues to allow a payer to reduce a withholding payment by the amount they pay to a deductible gift recipient on a payee’s behalf.
Administered by: Treasury
Registered 25 Oct 2016
Tabling HistoryDate
Tabled HR07-Nov-2016
Tabled Senate07-Nov-2016

Legislative Instrument

 

PAYG Withholding Variation: Donations to deductible gift recipients

 

I, Matthew Bambrick, Acting Deputy Commissioner of Taxation, make this variation under section 15-15 of Schedule 1 to the Taxation Administration Act 1953.

 

 

Matthew Bambrick

Acting Deputy Commissioner of Taxation

Dated: 5 October 2016

 

 

1.    Name of instrument

This instrument is the PAYG Withholding Variation: Donations to deductible gift recipients.

 

2.    Commencement

This instrument commences on the day after its registration on the Federal Register of Legislative Instruments.

 

3.    Repealing of existing instrument

This legislative instrument repeals and replaces legislative instrument PAYG Withholding Variation: Donations to deductible gift recipients (F2016L00439), registered on 30 March 2016.

 

4.    Application

This instrument applies to payments covered by subdivision 12-B of Schedule 1 to the Taxation Administration Act 1953, where:

(i)    part of the payment is paid, or is to be paid, as a donation to a deductible gift recipient specified or endorsed under Division 30 of Income Tax Assessment Act 1997 by a payer

(ii)  the donation is paid to the deductible gift recipient by the payer of the withholding payment at the direction of the payee

(iii) the donation is made under a regular planned giving arrangement, and

(iv) the payee has not advised the payer that they do not want a variation to the amount withheld.

A deductible gift recipient is defined in section 995-1 of the Income Tax Assessment Act 1997 to take its meaning from section 30-227 of the Income Tax Assessment Act 1997.

 

5.    Amount to be withheld

The amount to be withheld from payments covered by this instrument is varied as follows:

·         When working out the amount to withhold a payer reduces the gross payment by the amount paid by the payer to a deductible gift recipient on behalf of the payee.