Explanatory Statement
Lodgment of account activity statements by First Home Saver Account providers for the year ended 30 June 2015 in accordance with the Taxation Administration Act 1953
General outline of instrument
- This instrument sets out the way in which First Home Saver Account providers are required to lodge First Home Saver Account activity statements in accordance with section 391-5 of Schedule 1 to the Taxation Administration Act 1953 for the income year ended 30 June 2015, in the approved form, and states the due date for lodgment.
2. The proposed instrument will be a legislative instrument for the purposes of the Legislative Instruments Act 2003 and it is legally binding on the Commissioner of Taxation (the Commissioner).
Date of effect
3. The instrument applies to the income year ended 30 June 2015 and is effective from the day after it is registered.
What is this instrument about
4. The principal purpose of the instrument is to set out the form and manner in which account activity statements are to be lodged for the income year ending 30 June 2015 and states the date by which they are required to be lodged. The legislative instrument sets the baseline date for lodgment of statements, which can be deferred by the exercise of the Commissioner’s discretion under section 388-55 of Schedule 1 to the Taxation Administration Act 1953.
What is the effect of this instrument
5. The effect of this instrument is that First Home Saver Account providers have clear guidance on their obligation to lodge account activity statements, the manner in which they must be lodged and the date by which they must be lodged. The instrument also details the penalty that may be applied for failure to lodge on time.
Compliance cost impact
6. An assessment of the compliance cost impact indicates that they will be minor for both implementation and on-going compliance costs. This instrument is of a minor or machinery nature.
Background
7. Every year the Commissioner publishes the requirements for lodgment of income tax returns, other returns and statements in accordance with relevant legislation.
8. This instrument sets out the lodgment date for account activity statements and the manner in which they have to be lodged, including details of acceptable electronic media that could be used and the penalties that may be applied for failing to lodge these statements on time.
Consultation
9. There was significant consultation with First Home Saver Account providers in the past in relation to this instrument, and both the period of lodgment and the lodgment date have been decided with industry. This is considered a machinery provision and a requirement of section 391-5 of Schedule 1 to the Taxation Administration Act 1953 and it is a long standing practice to publish information for lodgment of income tax returns and other statements for each income year and who must lodge them.
Statement of Compatibility with Human Rights
This Statement is prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Lodgment of account activity statements by First Home Saver Account providers for the year ended 30 June 2015 in accordance with the Taxation Administration Act 1953
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview
This instrument sets out the way in which First Home Saver Account providers are required to lodge First Home Saver Account activity statements in accordance with section 391-5 of Schedule 1 to the Taxation Administration Act 1953 for the income year ended 30 June 2015, in the approved form, and states the due date for lodgment.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms as it simply provides guidance for First Home Saver Account providers on their obligation to lodge account activity statements, the manner in which they must be lodged and the date by which they must be lodged.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Erin Holland
Deputy Commissioner of Taxation
28 May 2015
Overview
The F2015L00783 legislative instrument was enacted in 2015 and provides guidelines for the lodgment of First Home Saver Account activity statements by providers for the income year ending 30 June 2015, in accordance with section 391-5 of Schedule 1 to the Taxation Administration Act 1953. This legislative instrument was introduced to address the need for clear instructions and deadlines for the lodgment of these statements, ensuring that First Home Saver Account providers are aware of their obligations and the consequences of non-compliance. The instrument was enacted by the Australian Parliament and its policy objective is to streamline the process of lodging account activity statements and to maintain transparency and accountability within the taxation system. The instrument is legally binding on the Commissioner of Taxation and is designed to provide a baseline date for lodgment, which may be deferred by the Commissioner’s discretion. The instrument also details the penalties for late lodgment, ensuring that providers are aware of the potential consequences of non-compliance.
The instrument is compatible with human rights as it does not engage any of the applicable rights or freedoms and simply provides guidance for First Home Saver Account providers on their obligation to lodge account activity statements, the manner in which they must be lodged and the date by which they must be lodged. The instrument is considered a machinery provision and a requirement of section 391-5 of Schedule 1 to the Taxation Administration Act 1953, and it is a long-standing practice to publish information for lodgment of income tax returns and other statements for each income year and who must lodge them. The instrument was developed in consultation with First Home Saver Account providers, and both the period of lodgment and the lodgment date have been decided with industry. The compliance cost impact of this instrument is minor, and it is of a minor or machinery nature.
Scope and Application
This legislative instrument applies to First Home Saver Account providers and is designed to specify the requirements for lodging First Home Saver Account activity statements for the income year ending 30 June 2015. It is legally binding on the Commissioner of Taxation and outlines the form, manner, and due date for lodgment of these statements in accordance with section 391-5 of Schedule 1 to the Taxation Administration Act 1953. The instrument provides clear guidance to First Home Saver Account providers, including the penalties for non-compliance, and it is effective from the day after it is registered. The instrument sets a baseline lodgment date, which can be deferred by the exercise of the Commissioner's discretion under section 388-55 of Schedule 1 to the Taxation Administration Act 1953. The instrument is considered a machinery provision and is compatible with human rights as it does not engage any applicable rights or freedoms, merely providing procedural guidance for compliance.
Key Provisions
The key sections of this instrument (sections 391-5 of Schedule 1 to the Taxation Administration Act 1953) mandate that First Home Saver Account (FHSA) providers must lodge account activity statements for the income year ended 30 June 2015 in an approved format. It specifies the due date for lodgment, which is a critical requirement for FHSA providers to adhere to. The instrument also outlines the acceptable methods for electronic media that can be used in the lodgment process, ensuring that providers have clear guidance on compliance with these technical requirements. Additionally, the instrument provides information about potential penalties for non-compliance, establishing the consequences for failing to meet the lodgment deadlines.
First Home Saver Account providers are obligated to ensure that their account activity statements are lodged in the approved format and by the specified due date. This involves meticulous attention to detail in both the content and the submission process of these statements. Providers must ensure that all relevant information is accurately recorded and that the statements are submitted using the approved electronic media, as outlined in the instrument. This requirement is legally binding, and failure to comply can result in significant repercussions, including financial penalties and potential legal action.
For breaches of the lodgment requirements, the instrument details specific penalties that may be applied. These penalties are designed to encourage strict adherence to the stipulated guidelines and timelines. Failure to lodge the account activity statements on time can result in fines, which are calculated based on the severity and duration of the non-compliance. Additionally, persistent or egregious breaches may lead to more severe consequences, including potential criminal charges. The maximum penalties are not explicitly stated in the instrument but are outlined in the relevant sections of the Taxation Administration Act 1953, ensuring that providers are aware of the potential ramifications of non-compliance.