Section 202EE — Income Tax Assessment Act 1936: Non-residents

(1) For the purposes of this Part, where: (a) a non-resident is an investor in relation to an investment to which this Part applies; and (b) at a particular time, the investment body pays an amount to the non-resident by way of income derived from the investment; the non-resident is taken to have quoted the non-resident’s tax file number in connection with the investment at that time if: (c) the investment body is required: (i) to withhold an amount under Subdivision 12-F or 12-H in Schedule 1 to the Taxation Administration Act 1953 from the payment; or (ii) to pay the Commissioner an amount under Subdivision 12A-C in that Schedule in respect of the payment; or (d) the investment body would have been required to withhold such an amount but for the operation of paragraph 128B(3)(a), (ga) or (jb) or subparagraph 128B(3)(h)(iv) of this Act or subsection 802-15(1) of the Income Tax Assessment Act 1997. (2) If: (a) a person who was a non-resident and an investor in relation to an investment to which this Part applies becomes a resident of Australia at a particular time; and (b) the person is, at that time, still an investor in relation to the investment; and (c) the investment body concerned is not, within one month after that time, informed of the person’s tax file number or informed that the person has become such a resident; the person commits an offence. Penalty: 10 penalty units. (3) Nothing in this section affects the person’s liability to pay withholding tax.