Taxation Administration Act 1953

This Division applies as set out in the following table:

This Division applies in relation to an amount that the company purports to withhold under Division 12, but is not required to withhold, as if the company were required to withhold the amount.

For the purposes of this Division, the company’s superannuation guarantee charge for a *QE day under the Superannuation Guarantee (Administration) Act 1992 is treated as being payable on the earlier of the following days (the due day):

the first day after the end of the 60‑day period starting on the QE day;

the day the charge is payable (see subsection 36(4) of that Act);

This Division also applies if:

a company is a company registered under the Corporations Act 2001; and

the company is given notice of an estimate under Division 268; and

the company is obliged to pay the amount of the estimate to the Commissioner on or before a particular day (the due day).

If this Division applies because of subsection (4), then for the purposes of this Division:

in the case of an estimate of an underlying liability referred to in paragraph 268‑10(1)(a) (PAYG withholding liabilities)—the initial day is:

for a company that is a *medium withholder or a *small withholder on the last day of the period identified in the notice of the estimate under section 268‑15 as the period to which the underlying liability relates—the last day of that period; or

for any other company—the day by which the company is obliged to pay the amount of the underlying liability to the Commissioner; and

in the case of an estimate of an underlying liability referred to in paragraph 268‑10(1)(b) (superannuation guarantee charge)—the initial day is the *QE day to which the estimate relates; and

in the case of an estimate of an underlying liability referred to in paragraph 268‑10(1)(c) (net amount under GST Act)—the initial day is the last day of the *tax period to which the estimate relates; and

the company’s obligation to pay the amount of the estimate is taken to have begun on the day after the initial day identified in paragraph (a) or (b) of this subsection.

For the purposes of subsection (5), assume that the underlying liability exists as identified in the notice of the estimate under section 268‑15.