Notice of Requirement to Lodge a Return for the Income Year Ended 30 June 2019

Administered by Department of the Treasury

Legislation au F2019L00675 In force Legislative Instrument

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Explanatory Statement

 

Notice of Requirement to Lodge a Return for the Income Year Ended 30 June 2019

 

 

General outline of instrument

 

(1)        This legislative instrument sets out which persons are required and which persons are exempt from the requirement to lodge an income tax return for the income year, and the date by which it must be lodged. The return must be in the approved form.

 

(2)        It further provides details on other lodgment requirements for:

(a)           franking account returns, including special rules for late balancing corporate tax entities that elect to use 30 June as a basis for determining their franking deficit tax liability

(b)           venture capital deficit tax returns

(c)           ancillary fund returns

(d)           trustees of self managed superannuation funds.

 

(3)        This instrument is a legislative instrument for the purposes of the Legislation Act 2003.

 

(4)        Under subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

 

Date of effect

 

(5)        This instrument is effective from the day after it is registered on the Federal Register of Legislation.

 

What is this instrument about

 

Requirement to lodge

 

(6)        This instrument defines a person and sets out the requirements for a person to lodge a return in the approved form for the income year and the date by which they are to lodge under section 161 of the Income Tax Assessment Act 1936 (ITAA 1936).

 

(7)        Section 161 of the ITAA 1936 refers to the notice to be given by the Commissioner of Taxation (the Commissioner) to require an income tax return to be lodged by a date specified.

 

(8)        The instrument also provides for certain classes of persons to be exempt from lodgment requirements in accordance with subsection 161(1A) of the ITAA 1936.

 

Other lodgment requirements

 

(9)        The instrument provides details on the approved form and due date for lodgment for:

(a)           a corporate tax entity to lodge a franking return, including the special rules for late balancing corporate tax entities that elect to use 30 June as a basis for determining their franking deficit tax liability. Section 214-15 of the Income Tax Assessment Act 1997 (ITAA 1997) refers to the notice to be given by the Commissioner to require corporate tax entities to give a franking return.

(b)           an entity to lodge a venture capital deficit tax return under section 214-15 of the ITAA 1997.

(c)           a trustee of a public ancillary fund or a private ancillary fund to lodge an ancillary fund return.

 

(10)    It also provides details for a trustee of a self managed superannuation fund to lodge their income tax return as part of the Self-managed superannuation fund annual return. Section 35D of the Superannuation Industry (Supervision) Act 1993 (SISA) refers to the Commissioner’s requirement to specify by legislative instrument, a reporting period, if the length of the period is not prescribed by the Superannuation Industry (Supervision) Regulations 1994.

 

(11)    The lodgment of member information statements by superannuation providers is required under section 390-5 of Schedule 1 to the Taxation Administration Act 1953 (TAA). The instrument provides the due date for lodgment for the superannuation plans that are self managed superannuation funds.

 

Additional lodgment information

 

(12)    Additional lodgment information is also provided including that:

(a)           the return must be in the approved form

(b)           the Commissioner may defer the time for lodgment of any return specified in this instrument

(c)           nothing in this instrument prevents the Commissioner from issuing a notice of requirement to lodge a return or a notice of requirement to provide information under section 162 or section 163 of the ITAA 1936

(d)           nothing in this instrument prevents the Commissioner or an authorised person of the Australian Taxation Office from granting an exemption from lodgment, and

(e)           penalties for non-compliance with lodgment requirements may apply.

 

What is the effect of this instrument

 

(13)    The instrument satisfies the requirements of the Commissioner to publish certain information in a notice or legislative instrument.

 

(14)    The instrument advises who must lodge, when they must lodge, how they should lodge and that penalties may apply if they don’t lodge.


Compliance cost impact

 

(15)    Minor – there will be minimal impact for both implementation and ongoing compliance costs. The legislative instrument is minor or machinery in nature.

 

Background

 

(16)    Since the commencement of the ITAA 1936, section 161 of that Act refers to the requirement to lodge an annual return. Every person must, if required by the Commissioner, give to the Commissioner a return for a year of income within the period specified in the notice.

 

(17)    This legislative instrument satisfies the requirements under section 161 and related section 130 of the ITAA 1936, as well as the requirements of section 214-15 of the ITAA 1997, paragraph 35D(2)(b) of the SISA and subsection 390-5(6) of Schedule 1 to the TAA.

 

Consultation

 

(18)    Subsection 17(1) of the Legislation Act 2003 requires, before the making of a legislative instrument, that the Commissioner is satisfied that appropriate and reasonably practicable consultation has been undertaken.

 

(19)  Public consultation has been undertaken. The draft legislative instrument and draft explanatory statement were published on the ATO Legal Database at ato.gov.au on 18 March 2019 seeking feedback and comments for a period of two weeks. The ATO Legal Database sends emails and news feeds to direct subscribers such as tax professionals and other industry stakeholders. Consultation on the draft legislative instrument and draft explanatory statement was also announced on “What we are consulting about” at ato.gov.au..  No comments were received during the consultation period.

 


Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Notice of Requirement to Lodge a Return for the Income Year Ended 30 June 2019

 

This Disallowable 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 of the Disallowable Legislative Instrument

 

This Disallowable Legislative Instrument sets out which persons are required to lodge an income tax return or a self-managed superannuation fund annual return, franking return, venture capital deficit tax return or ancillary fund return for the income year ended 30 June 2019. It includes the date by which the returns must be lodged, the requirements to lodge in the approved form and the penalties that may apply.

 

Human rights implications

 

This Disallowable Legislative Instrument does not engage any of the applicable rights or freedoms as it simply provides notice for taxpayers on their obligations to lodge returns.

 

Conclusion

 

This Disallowable Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

 

 

 

Overview

The Notice of Requirement to Lodge a Return for the Income Year Ended 30 June 2019 is a legislative instrument issued under the authority of the Commissioner of Taxation, designed to clarify and enforce the obligations of taxpayers to lodge their income tax returns, as well as other specific returns such as franking, venture capital deficit tax, and ancillary fund returns. This instrument was enacted to ensure compliance with the requirements outlined in the Income Tax Assessment Act 1936 and other related Acts. It provides a clear framework for the due dates, approved forms, and penalties for non-compliance, thereby facilitating the administration of tax laws. The instrument also accommodates exemptions for certain classes of persons and grants the Commissioner discretion to defer lodgment times or grant exemptions in particular circumstances. The legislative instrument is minor in nature, indicating minimal impact on compliance costs for taxpayers, and was developed following consultation with relevant stakeholders.

Scope and Application

The legislative instrument F2019L00675 sets out the requirements for various entities to lodge specific returns for the income year ended 30 June 2019. It applies to individuals and entities such as corporate tax entities, venture capital entities, trustees of ancillary funds, and trustees of self-managed superannuation funds. These entities must lodge their returns in the approved form by the specified date, as detailed in the Income Tax Assessment Act 1936 and related legislation. The instrument also provides for exemptions from these lodgment requirements under certain conditions. It is applicable nationally, as it is a legislative instrument under the Commonwealth of Australia. The instrument does not specify exclusions or thresholds, but it is noted that the Commissioner may defer the time for lodgment or grant exemptions. The instrument extends its application through subordinate instruments as necessary to address specific cases such as late balancing corporate tax entities or self-managed superannuation funds.

Key Provisions

The key sections of this legislation (F2019L00675) specify the requirements for individuals and entities to lodge various tax returns for the income year ended 30 June 2019. Section 161 of the Income Tax Assessment Act 1936 (ITAA 1936) mandates that every person must lodge an income tax return within the period specified by the Commissioner of Taxation, unless exempt under subsection 161(1A) of the ITAA 1936. The approved forms and due dates for lodgment of other returns, such as franking returns, venture capital deficit tax returns, and ancillary fund returns, are detailed in the instrument, with specific provisions for corporate tax entities and trustees of self-managed superannuation funds. The legislation imposes several obligations on taxpayers and entities. Firstly, it requires the timely lodgment of income tax returns and other specified returns in the approved form by the due date. The Commissioner has the authority to defer the lodgment time and to grant exemptions. Additionally, the Commissioner must provide notice to taxpayers regarding their obligations to lodge returns and the penalties for non-compliance. Failure to comply with these requirements may result in penalties, as outlined in the relevant taxation laws. Offences and penalties for non-compliance with the lodgment requirements are stipulated in the relevant taxation statutes. For instance, under section 284 of the ITAA 1936, a failure to lodge an income tax return by the due date may incur a penalty of 5% of the tax payable for each month the return is overdue, up to a maximum of 25%. Similar penalties apply for late lodgment of other specified returns, such as franking returns and venture capital deficit tax returns. Additionally, penalties for non-compliance with superannuation reporting requirements are set out in the Superannuation Industry (Supervision) Act 1993 and the Taxation Administration Act 1953. The Commissioner retains the discretion to issue further notices and enforce compliance with these provisions. In summary, this legislative instrument outlines the requirements for lodging income tax returns and other specified tax returns for the income year ended 30 June 2019. It imposes obligations on taxpayers and entities to lodge these returns in the approved form by the due date, with provisions for exemptions and penalties for non-compliance. The penalties for failure to comply with these obligations are severe and can include fines and other administrative consequences.

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Area of Law
Taxation Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Compliance Obligations
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.