Income Tax Assessment Act 1997
LIABILITY RULES OF GENERAL APPLICATION
RULES ABOUT DEDUCTIBILITY OF PARTICULAR KINDS OF AMOUNTS
Div 26 heading substituted by No 121 of 1997.
No deduction to extent amount not withheld
You cannot deduct under this Act salary, wages, commission, bonuses or allowances from which Subdivision
Taxation Administration Act 1953
(about the Seasonal Labour Mobility Program) requires you to withhold an amount, to the extent that:
(a) you fail to withhold the amount; or
(b) after withholding the amount, you fail to comply with section
in that Schedule in relation to that amount.
in that Schedule requires you to pay the amount to the Commissioner.
Deduction to extent amount not withheld but withholding tax paid
You can deduct, for an income year, salary, wages, commission, bonuses or allowances to the extent that:
(a) you cannot deduct the salary, wages, commission, bonuses or allowances for that income year only because of subsection (1) of this section; and
Seasonal Labour Mobility Program withholding tax payable for the salary, wages, commission, bonuses or allowance is paid.
S 26-25A inserted by No 58 of 2012, s 3 and Sch 1 item 4, effective 21 June 2012.