*ATO Receivables Policy transferred into Practice Statements [R4]

The Tax Office on Thur 14.4.2011, transferred the majority of its ATO Receivables Policy into a suite of 22 Law Administration Practice Statements - the ATO says there are no changes to the intent of the Policy, only to the way it is delivered.

PS LA 2011/2: Administration of penalties for the non-electronic notification (NEN penalty) and non-electronic payment (NEP penalty) - provides guidance on the application, remittance and objections in relation to NEN and NEP penalties.
PS LA 2011/3: Compromise of taxation debts - provides guidance on the factors and principles applied by the ATO in reaching decisions to compromise on taxation debts.
PS LA 2011/4: Recovering disputed debts - provides guidance on the circumstances and risk factors that determine how and when the ATO will take action to recover disputed debts.
PS LA 2011/5: Recovery of administrative overpayments - provides guidance on the circumstances and risk factors that determine how and when the ATO will take action to recover administrative overpayments.
PS LA 2011/6: Risk and risk management in the ATO - provides guidance to ATO staff on risk management in the context of dealing with outstanding taxation debts.
PS LA 2011/7: Settlement of debt recovery litigation - provides guidance on the risk factors considered by the ATO in the settlement of debt recovery litigation.
PS LA 2011/8: The registration of entities - provides guidance on the policies and procedures to be followed on issues relating to the registration of entities.
PS LA 2011/9: The registration of entities on the ABR - provides guidance on the policies and procedures to be followed on issues relating to the registration of entities on the ABR.
PS LA 2011/10: Waiver of taxation debts in proceeds of crime matters - provides guidance on the exercise of the Commissioner's power to waive the payment of tax-related liabilities to facilitate proceedings by the Commonwealth Director of Public Prosecutions under the Proceeds of Crime Act 2002.
PS LA 2011/11: Refunds of certain PAYG withholding amounts - provides guidance on the obligations and rights of the payer, the recipient and the Commissioner in relation to errors in the PAYG withholding system.
PS LA 2011/12: Administration of GIC imposed for late payment or under estimation of liability - provides guidance on the imposition and the circumstances for remittance in relation to the GIC.
PS LA 2011/13: Cross-border recovery of taxation debts - provides guidance on the options available to the ATO in the recovery of tax debts from debtors located outside Australia and how the ATO deals with tax debt assistance requests from other countries.
PS LA 2011/14: General debt collection powers and principles - provides guidance on the circumstances where the Commissioner will exercise his power to permit the payment of tax-related liabilities by instalment or defer the time for payment.
PS LA 2011/15: Lodgment obligations, due dates and deferrals - provides guidance on special lodgment obligations, due dates and deferrals of lodgment.
PS LA 2011/16: Insolvency - collection, recovery and enforcement issues for entities under external administration - provides guidance on factors considered by the ATO in determining whether to initiate bankruptcy or liquidation action.
PS LA 2011/17: Debt relief - provides guidance on the powers of the Minister for Finance and Deregulation and the Commissioner to waive tax debts.
PS LA 2011/18: Enforcement measures used for the collection and recovery of tax-related liabilities and other amounts - provides guidance on the policies and process followed by the ATO in the use of enforcement procedures relating to the collection of outstanding debts.
PS LA 2011/19: Administration of penalties for failing to lodge documents on time - provides guidance on application, remittance and exemptions to the failure to lodge penalty.
PS LA 2011/20: Payment and credit allocation - provides guidance on the ATO's payment and credit allocation policy for taxpayer accounts.
PS LA 2011/21: Offsetting of refunds and credits against taxation and other debts - provides guidance on Commissioner's discretion to not offset amounts.
PS LA 2011/22: Refunds of running balance account surpluses and credits - Commissioner's discretion to retain amounts - provides guidance on the circumstances where the Commissioner will exercise discretionary power to retain running balance account surpluses and credits.
PS LA 2011/23: Credit interest - provides guidance on the credit interest regime administered by the Commissioner and details of when interest is payable.

The Practice Statements are effective from today [Thur 14.4.2011]. The ATO says the remaining chapters of its Receivables Policy will be progressively transferred to the LAPS format. The ATO has published a table which provides an overview of the transfer of the chapters.

[LTN 71, 14/4]

ATO’s table summarizing the transfer of the Receivables Policy Chapters

As at 14 April 2011, most of the ATO Receivables Policy chapters have been archived and transferred into a suite of Law Administration Practice Statements (LAPS). There are two chapters that will remain as part of the ATO Receivables Policy until they are transferred later in the year.

The following table provides an overview of the transfer of the chapters:

ATO RECEIVABLES POLICY CHAPTERS	ASSOCIATED LAPS
PART A. Introduction
Chapter 1 Principles underlying the ATO Receivables Policy	Archived - no associated LAPS
Chapter 2 Accountability and review of decisions	Archived - no associated LAPS
Chapter 3 Risk management	PS LA 2011/6 Risk and risk management in the ATO PS LA 2011/18 Enforcement measures used for the collection and recovery of tax related liabilities and other amounts
PART B. The collection of taxation debts
Chapter 4 Introduction to Part B - The collection of taxation debts	PS LA 2011/14 General debt collection powers and principles
Chapter 6 Estimating a liability	PS LA 2011/18 Enforcement measures used for the collection and recovery of tax related liabilities and other amounts
Chapter 7 Allocation of payments and credits	PS LA 2011/20 Payment and credit allocation
Chapter 8 The collection process	PS LA 2011/18 Enforcement measures used for the collection and recovery of tax related liabilities and other amounts
Chapter 9 Deferring the time for payment	PS LA 2011/14 General debt collection powers and principles
Chapter 10 Payment arrangements	PS LA 2011/14 General debt collection powers and principles
Chapter 12 Garnishee	PS LA 2011/18 Enforcement measures used for the collection and recovery of tax related liabilities and other amounts
Chapter 13 Departure prohibition orders	PS LA 2011/18 Enforcement measures used for the collection and recovery of tax related liabilities and other amounts
Chapter 14 Personal liabilities of company directors	PS LA 2011/18 Enforcement measures used for the collection and recovery of tax related liabilities and other amounts
Chapter 15 Writs/warrants of execution	PS LA 2011/18 Enforcement measures used for the collection and recovery of tax related liabilities and other amounts
Chapter 16 Bankruptcy Act - Arrangements under Part IX and Part X	PS LA 2011/16 Insolvency - collection, recovery and enforcement issues for entities under external administration
Chapter 18 Bankruptcy action	PS LA 2011/16 Insolvency - collection, recovery and enforcement issues for entities under external administration
Chapter 20 Voluntary administration	PS LA 2011/16 Insolvency - collection, recovery and enforcement issues for entities under external administration
Chapter 21 Liquidation action	PS LA 2011/16 Insolvency - collection, recovery and enforcement issues for entities under external administration
Chapter 22 Voidable transactions	PS LA 2011/16 Insolvency - collection, recovery and enforcement issues for entities under external administration
Chapter 24 Release from payment of some taxation liabilities	PS LA 2011/17 Debt relief
Chapter 25 Waiver of taxation debts	PS LA 2011/17 Debt relief
Chapter 26 Deciding not to pursue recovery of taxation debts	PS LA 2011/17 Debt relief
Chapter 27 Compromise of taxation debts	PS LA 2011/3 Compromise of taxation debts
Chapter 28 Recovering disputed debts	PS LA 2011/4 Recovering disputed debts
Chapter 29 Securities	PS LA 2011/14 General debt collection powers and principles
Chapter 30 Indemnities for trustees and liquidators	PS LA 2011/16 Insolvency - collection, recovery and enforcement issues for entities under external administration
Chapter 31 Clearances - Obligations of trustees and the Commissioner	PS LA 2011/16 Insolvency - collection, recovery and enforcement issues for entities under external administration
Chapter 32 Deceased estates	Archived - no associated LAPS
Chapter 33 Running balance accounts	Archived - no associated LAPS
Chapter 34 Collection of GST - Special rules	Some of the content has been transferred into: PS LA 2011/16 Insolvency - collection, recovery and enforcement issues for entities under external administration The Chapter will currently remain in the ATO Receivables Policy.
Chapter 35 Collection of consolidated group liabilities	No change - the Chapter will currently remain in the ATO Receivables Policy.
Chapter 36 Freezing orders (Also known as Mareva injunctions or asset preservation orders)	PS LA 2011/18 Enforcement measures used for the collection and recovery of tax related liabilities and other amounts
Chapter 37 Recovery of administrative overpayments	PS LA 2011/5 Recovery of administrative overpayments
Chapter 38 Cross-border recovery of taxation debts	PS LA 2011/13 Cross border recovery of taxation debts
Chapter 39 Settlement of debt recovery litigations	PS LA 2011/7 Settlement of debt recovery litigations
Chapter 40 Waiver of taxation debts in proceeds of crime matters	PS LA 2011/10 Waiver of taxation debts in proceeds of crime matters
PART C. Lodgment of documents and notification of liabilities
Chapter 51 - Introduction to Part C - Lodgment of documents	PS LA 2011/15 Lodgment obligations, due dates and deferrals
Chapter 53 The role of intermediaries	Archived - no associated LAPS
Chapter 55 Deferral of the due date for lodgment or suspension of lodgment enforcement action	PS LA 2011/15 Lodgment obligations, due dates and deferrals
Chapter 57 Raising liabilities where documents not lodged	Archived - no associated LAPS
PART D. Registration of entities
Chapter 60 Introduction to Part D - The registration of entities	PS LA 2011/8 The registration of entities
Chapter 61 Applying for a tax file number	PS LA 2011/8 The registration of entities
Chapter 62 Applying for goods and services tax registration	PS LA 2011/8 The registration of entities
Chapter 63 Applying for registration onto the Australian Business Register	PS LA 2011/9 The registration of entities on the Australian Business Register
Chapter 64 Cancelling ABN registration	PS LA 2011/9 The registration of entities on the Australian Business Register
Chapter 65 Cancelling GST registrations	PS LA 2011/8 The registration of entities
PART E. Credits and refunds
Chapter 71 Introduction to Part E - Credits and refunds	PS LA 2011/22 Refunds of running balance account surpluses and credits - Commissioner's discretion to retain amounts
Chapter 72 Offsetting of refunds and credits against taxation and other debts	PS LA 2011/20 Payment and credit allocation PS LA 2011/21 Offsetting of refunds and credits against taxation and other debts
Chapter 73 Refunds of pay as you go withholding amounts withheld in error	PS LA 2011/11 Refunds of certain pay as you go withholding amounts
Chapter 74 Retained refunds - Financial account details not provided	PS LA 2011/22 Refunds of running balance account surpluses and credits - Commissioner's discretion to retain amounts
Chapter 75 Retained refunds - Activity statements or other related documents not provided & other restrictions on refunds	PS LA 2011/22 Refunds of running balance account surpluses and credits - Commissioner's discretion to retain amounts
PART F. Interest payable by the Commissioner
Chapter 81 Introduction to Part F - Interest payable by the Commissioner	PS LA 2011/23 Credit interest
Chapter 82 Interest on early payments	PS LA 2011/23 Credit interest
Chapter 83 Interest on overpayments and payments of superannuation co-contribution entitlements	PS LA 2011/23 Credit interest
Chapter 84 Delayed refund interest	PS LA 2011/23 Credit interest
PART G. Penalties and interest relating to receivables activities
Chapter 91 Introduction to Part G - Penalties and interest relating to receivables activities	Archived - no associated LAPS
Chapter 93 General interest charge	PS LA 2011/12 Administration of general interest charge (GIC) imposed for late payment or under estimation of liability
Chapter 95 Variation and underestimation penalties	PS LA 2011/12 Administration of general interest charge (GIC) imposed for late payment or under estimation of liability
Chapter 98 Penalties for failing to lodge documents on time	PS LA 2011/19 Administration of penalties for failing to lodge documents on time
Chapter 99 Non-electronic notification and payment penalties	PS LA 2011/2 Administration of penalties for the non-electronic notification (NEN Penalty) and the non-electronic payment (NEP Penalty)
Chapter 100 PAYG Withholding non-registration penalty	Archived - no associated LAPS
PART H. Miscellaneous
Chapter 111 Introduction to information gathering	Archived - no associated LAPS

[ATO Receivables Policy Alert]