10-5

Summary of withholding payments

Current

(1)

The payments and other transactions covered by PAYG withholding are called withholding payments. They are summarised in the table.

Note:

The obligation to pay an amount to the Commissioner is imposed on the entity making the withholding payment (except for items 17, 19, 22 and 27, and 26 (to the extent that it covers subsection 12‑390(4))).

Summary of withholding payments
Item	Withholding payment	Section
1	A payment of salary etc. to an employee	12‑35
2	A payment of remuneration to the director of a company	12‑40
3	A payment of salary etc. to an office holder (e.g. a member of the Defence Force)	12‑45
3A	a payment to a *religious practitioner	12‑47
4	A return to work payment to an individual	12‑50
5	A payment that is covered by a voluntary agreement	12‑55
6	A payment under a labour hire arrangement or a payment specified by regulations	12‑60
7	A *superannuation income stream or an annuity	12‑80
8	A *superannuation lump sum or a payment for termination of employment	12‑85
9	An unused leave payment	12‑90
10	A social security or similar payment (e.g. old age pension)	12‑110
11	A Commonwealth education or training payment	12‑115
12	A compensation, sickness or accident payment	12‑120
13	A payment arising from an investment where the recipient does not quote its tax file number, or in some cases, its ABN	12‑140
14	Investor becoming presently entitled to income of a unit trust	12‑145
14A	A trustee of a closely held trust distributing an amount from the trust income to a beneficiary, where the beneficiary does not quote its tax file number	12‑175
14B	A beneficiary of a closely held trust becoming presently entitled to income of the trust, where the beneficiary does not quote its tax file number	12‑180
15	A payment for a supply where the recipient of the payment does not quote its ABN	12‑190
16	A dividend payment to an overseas person	12‑210
17	A dividend payment received for a foreign resident	12‑215
18	An interest payment to an overseas person	12‑245
19	An interest payment received for a foreign resident	12‑250
20	An interest payment derived by a lender in carrying on business through overseas permanent establishment	12‑255
21	A royalty payment to an overseas person	12‑280
22	A royalty payment received for a foreign resident	12‑285
22A	A departing Australia superannuation payment	12‑305
22AA	An *excess untaxed roll‑over amount	12‑312
22B	A payment (of a kind set out in the regulations) to a foreign resident	12‑315
22C	A payment (of a kind set out in the regulations) received for a foreign resident	12‑317
22D	A payment of salary, wages etc. to an employee under a labour mobility program	12‑319A
23	A mining payment	12‑320
24	A natural resource payment	12‑325
25	A payment by a withholding MIT	12‑385
26	A payment by a *custodian or other entity	12‑390
27	A payment under the *first home super saver scheme	12‑460

(2)

These can also be treated as withholding payments:

(aa)

a payment that arises because of the operation of section 12A‑205 (see Division 12A);

(a)

alienated personal services payments (see Division 13);

(b)

non‑cash benefits, and capital proceeds involving foreign residents and certain kinds of taxable Australian property (see Division 14).

Note:

The obligation to pay an amount to the Commissioner is imposed on the entity receiving the alienated personal services payment or providing the non‑cash benefit or capital proceeds.

Regulations

This provision refers to the regulations (specified by regulations, the regulations). Made under this Act:

Taxation Administration Regulations 2017 · under s 18

11 more instruments made under this Act are listed on the Act’s overview.

This Act’s bill:Second reading speech

Research tools for this sectionSubscription

Cited by Analyse Interrogate History Equivalents

The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.