Boosting Cash Flow for Employers (Coronavirus Economic Response Package) Act 2020

An entity is entitled to a payment (also known as a cash flow boost) for a period covered by subsection (2) if:

the period covered by subsection (2) applies to the entity under subsection (3); and

the entity is entitled to one or more cash flow boosts for periods covered by subsection 5(2); and

the entity notifies the Commissioner, in the approved form lodged with the Commissioner, in respect of the entitlement; and

either:

the entity is an ACNC‑registered charity at any time in the period; or

the entity had an ABN on 12 March 2020 (or a later time allowed by the Commissioner), and the requirement in subsection (5) or (6) is satisfied; and

neither the entity nor any associate or agent of the entity has entered into or carried out a scheme or part of a scheme for the sole or dominant purpose of achieving any of the following:

making the entity entitled to the cash flow boost for the period;

increasing the amount of the cash flow boost to which the entity is entitled (disregarding this paragraph) for the period.

The following periods are covered by this subsection:

the months of June 2020, July 2020, August 2020 and September 2020;

the quarters ending on 30 June 2020 and 30 September 2020.

Note: An entity may be entitled to a cash flow boost under subsection (1) for the month of June 2020 or the quarter ending on 30 June 2020, and also be entitled to a cash flow boost under subsection 5(1) for the same month or quarter.

A period applies to an entity if:

for a period that is a month—the entity is a large withholder or a medium withholder for the month; or

for a period that is a quarter:

the entity is a small withholder for a month that starts in the quarter; or

the entity is not a large withholder, a medium withholder or a small withholder for a month that starts in the quarter.

For the purposes of subsection (3):

treat an entity that is a large withholder or a medium withholder for the first month in a quarter as being a large withholder or a medium withholder for each month in the quarter; and

treat an entity that is a small withholder for the first month in a quarter as being a small withholder for each month in the quarter.

For the purposes of paragraph (1)(d), the requirement in this subsection is satisfied if:

an amount was included in the entity’s assessable income for the 2018‑19 income year in relation to it carrying on a business; and

the Commissioner had notice on or before 12 March 2020 (or a later time allowed by the Commissioner) that the amount should be so included.

For the purposes of paragraph (1)(d), the requirement in this subsection is satisfied if:

the entity made a taxable supply in a tax period that applied to it that:

started on or after 1 July 2018; and

ended before 12 March 2020; and

the Commissioner had notice on or before 12 March 2020 (or a later time allowed by the Commissioner) that the entity had made the taxable supply.

For the purposes of subsection (6), in determining whether the entity made a supply (within the meaning of the A New Tax System (Goods and Services Tax) Act 1999) that is a taxable supply:

assume that the entity is registered (within the meaning of that Act); and

assume that the supply is neither GST‑free (within the meaning of that Act) nor input taxed (within the meaning of that Act); and

for an entity carrying on business solely in the external Territories—assume that the external Territories are part of the indirect tax zone (within the meaning of that Act).