Taxation Administration Amendment Regulation 2012 (No. 1)1

Select Legislative Instrument 2012 No. 37

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Taxation Administration Act 1953.

Dated 21 March 2012

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

DAVID BRADBURY

Assistant Treasurer

1 Name of regulation

  This regulation is the Taxation Administration Amendment Regulation 2012 (No. 1).

2 Commencement

  This regulation commences on 1 July 2012.

3 Amendment of Taxation Administration Regulations 1976

  Schedule 1 amends the Taxation Administration Regulations 1976.

Schedule 1 Amendment

(section 3)

[1] After Part 7

insert

Part 8 Payment, ABN and identification verification system

64 Reporting requirements — building and construction industry

 (1) For section 405‑5 of Schedule 1 to the Act, a supply by a supplier to a purchaser is specified if all of the following circumstances apply:

 (a) the purchaser is carrying on a business that is primarily in the building and construction industry;

 (b) the purchaser has an ABN;

 (c) the supplier supplies to the purchaser:

 (i) building and construction services; or

 (ii) a combination of goods and building and construction services, unless the supply of services is incidental to the supply of the goods.

 (2) Subregulation (1) does not apply if both the supplier and the purchaser are members of:

 (a) the same consolidated group; or

 (b) the same MEC group.

 (3) Subregulation (1) does not apply if the payment made for the supply is a payment of the kind mentioned in paragraph (a) of the definition of withholding payment in subsection 995-1 (1) of the Income Tax Assessment Act 1997.

 (4) An expression used in this regulation and in the Income Tax Assessment Act 1997 has the same meaning in this regulation as in that Act.

Note   For the definitions of the following expressions, see subsection 995‑1 (1) of the Income Tax Assessment Act 1997:

 ABN

 consolidated group

 MEC group

 member, in relation to a consolidated group

 member, in relation to a MEC group

 supply.

 (5) A purchaser is taken to be carrying on a business that is primarily in the building and construction industry only if:

 (a) in the current financial year, 50% or more of the purchaser’s business activity relates to building and construction services; or

 (b) in the current financial year, 50% or more of the purchaser’s business income is derived from providing building and construction services; or

 (c) in the financial year immediately preceding the current financial year, 50% or more of the purchaser’s business income was derived from providing building and construction services.

 (6) In this regulation:

building and construction services includes any of the following activities, if the activities are performed on, or in relation to, any part of a building, structure, works, surface or sub‑surface:

 (a) alteration;

 (b) assembly;

 (c) construction;

 (d) demolition;

 (e) design;

 (f) destruction;

 (g) dismantling;

 (h) erection;

 (i) excavation;

 (j) finishing;

 (k) improvement;

 (l) installation;

 (m) maintenance;

 (n) management of building and construction services;

 (o) modification;

 (p) organisation of building and construction services;

 (q) removal;

 (r) repair;

 (s) site preparation.

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.comlaw.gov.au.