The requirement to lodge annual returns is created, under the relevant provisions, by the Commissioner making a Legislative Instrument No. 1 and he registered that instrument on Thursday 19.5.2016 for the 2016 tax year. The provisions cited as relevant are set out in the extract from the legislative instrument below.
The instrument establishes due dates for lodgment of returns which can be deferred by the exercise of the Commissioner’s discretion under s 388-55 of Sch 1 to the Taxation Administration Act 1953.
For parents with a child support assessment, another Legislative Instrument No. 2 was also registered, on the same day. It requires lodgment of income tax returns for the year of income ending 30 June 2016. And the provisions cited as relevant to this type of annual return are similarly set out below (from an extract of that Instrument).
[LTN 95, 19/5/16]
Extract from Legislative Instrument No. 1
Income Tax Assessment Act 1936:
Section 18; Section 23AF; Section 23AG; Section 24F; Section 24G; Section 130; Section 160AAAA; Section 161; Subsection 161A(1); Section 162; Section 163; Section 255; former subsection 485AA(1); former subsection 485AA(2); Division 1AB of Part III; Division 1A of Part III; Division 5A of Part III and Division 15 of Part III.
Income Tax Assessment Act 1997:
Section 61-215; Section 204-75; Section 205-50; Section 210-135; Section 214-15; Subsection 214-25(2); Section 303-10; paragraph 830-10(2)(b); Subsection 830-15(5); paragraph 830-15(5)(b); Section 960-195; Section 995-1; Division 50; Subdivision 61‑G; Division 405; Division 703; Division 719; Division 830; and Part 3-90.
Taxation Administration Act 1953:
Section 8C; Section 8E and Section 8ZF.
Taxation Administration Act 1953 (Schedule 1):
Section 12-140; Section 12-145; Section 12-319A; Section 12-320; Section 260-140, Section 286-75; Section 388-50, Section 388-55; Section 390-5; Subdivision 12A-C; Subdivision 12-F; Subdivision 12-FA and Subdivision 12-H.
Superannuation Industry (Supervision) Act 1993:
Section 35D.
Income Tax (Transitional Provisions) Act 1997:
Division 205 and Division 214.
Extract from Legislative Instrument No. 2
Income Tax Assessment Act 1936:
Section 161, Subsection 161A(1), Section 162 and Section 163
Taxation Administration Act 1953:
Section 8C and Section 8E
Taxation Administration Act 1953 (Schedule 1):
Section 286-75, Section 388-50 and Section 388-55