Section 202CD — Income Tax Assessment Act 1936: Sending of TFN declaration to Commissioner

(1) Where a recipient gives a payer a TFN declaration, the payer shall: (a) countersign the original of the declaration; (b) within 14 days after the declaration is made, send the original to the office of a Deputy Commissioner; and (c) retain the copy of the declaration in accordance with subsection (6). Penalty: 10 penalty units. (4) If: (a) a TFN declaration, when given to a payer, does not quote the recipient’s tax file number; and (b) before the payer sends the declaration to the Deputy Commissioner, the recipient informs the payer of the recipient’s tax file number; the payer shall write the number on the declaration and on the copy. Penalty: 10 penalty units. (5) Where a tax file number has been written on a declaration under subsection (4), the declaration shall be regarded as stating that number as the tax file number of the recipient who made the declaration. (5A) A payer who fails to comply with subsection (1) or (4) is liable to pay to the Commissioner a penalty of 10 penalty units. Note 1: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit. Note 2: Division 298 in Schedule 1 to the Taxation Administration Act 1953 contains machinery provisions relating to civil penalties. (6) The payer shall retain the copy of a TFN declaration until the second 1 July after the day on which the declaration ceases to have effect.