*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]