AustLII Tasmanian Consolidated Acts

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TAXATION ADMINISTRATION ACT 1997 - SECT 57

Collection of tax from third parties

(1)  The Commissioner, by notice in writing, may require any of the following persons instead of the taxpayer to pay any unpaid tax:
(a) a person by whom any money is due or accruing or may become due to the taxpayer;
(b) a person who holds or may subsequently hold money for or on account of the taxpayer;
(c) a person who holds or may subsequently hold money on account of some other person for payment to the taxpayer;
(d) a person who has authority from some other person to pay money to the taxpayer.
(2)  A copy of the notice is to be served on the taxpayer.
(3)  The amount of money required to be paid by a person under subsection (1) is –
(a) if the amount of the money held or due or authorised to be paid does not exceed the amount payable by the taxpayer to the Commissioner, all the money; or
(b) if the amount of the money exceeds the amount payable, sufficient money to pay the amount payable.
(4)  A person required to pay money under this section must pay the money to the Commissioner at whichever of the following is the later:
(a) on receipt of the notice;
(b) when the money is held by the person;
(c) after any period the Commissioner specifies.
(5)  A person subject to a requirement of the Commissioner under this section must comply with the requirement.
Penalty:  In the case of –
(a) a body corporate, a fine not exceeding 100 penalty units; or
(b) in any other case, a fine not exceeding 20 penalty units.
(6)  If the whole or a part of an amount is paid by another person –
(a) the Commissioner is to promptly notify the person to whom the notice is given of the payment; and
(b) the notice is taken to be amended accordingly.
(7)  In this section,
tax includes a judgment debt and costs in respect of such an amount.



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