The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

4.1.1.10 TFN requirements for FTB

Summary

In making an effective claim (1.1.E.10) for FTB, an individual (1.1.I.90) is required to provide a TFN statement for each TFN claim person or TFN substitution person (1.1.T.50), as relevant. In some circumstances, a TFN may be required again later after the claim has been determined. In this case, the TFNs may be required for each TFN determination person. This topic includes information about the following:

  • requirement to provide a TFN statement
  • bereavement claim
  • TFNs required after claim is determined
  • providing a TFN
  • making a TFN statement
  • TFN unknown - ATO to notify, and
  • person has applied to ATO for TFN.

An ACO (1.1.A.80) is not required to provide a TFN when claiming FTB.

Explanation: FTB is not reconciled for ACOs and therefore there is no need for ACOs to provide TFNs.

Act reference: FA(Admin)Act section 8 Tax file number requirement to be satisfied for claims for FTB by instalment or for a past period to be effective, section 8A Tax file number requirement to be satisfied for claim in substitution because of the death of another individual to be effective

Policy reference: FA Guide 4.1.1.20 Exemption from TFN requirements for FTB, 4.2.2 Requirements for an effective claim, 4.2.3 Determination of FTB claim

Requirement to provide a TFN statement

For an instalment claim (1.1.I.100) or a past period claim (1.1.P.60) to be effective, a statement must be made in relation to each TFN claim person.

Under certain circumstances a person claiming FTB may be exempted from providing a TFN statement for their current or former partner.

Declining to provide a TFN statement is not an offence, but the applicant's FTB claim may not be effective or their FTB payment may cease to be payable if a TFN statement is not provided.

Policy reference: FA Guide 4.1.1.20 Exemption from TFN requirements for FTB, 5.1.3 Protection of information

Bereavement claim (1.1.B.20)

For a bereavement claim for FTB because of the death of another person to be effective, a statement must be made in relation to each TFN substitution person, that is, the deceased and their partner.

Policy reference: FA Guide 2.1.1.110 Death of an FTB or regular care child, 2.2.2 Death of an individual eligible for FTB, 4.2.2.10 Common FTB claim requirements, 4.2.2.30 Specific requirements for bereavement claim

TFNs required after claim is determined

If the claim for FTB has already been determined, and the TFNs are required, the applicant (1.1.A.72) and their partner (1.1.P.30), if they have one, are TFN determination persons.

Examples:

  • An applicant provided a TFN when they lodged the claim, and FTB was granted, but the TFN was subsequently found to be invalid for some reason.
  • An applicant provided their own TFN when making a claim for FTB, and was granted a temporary exemption for their partner's TFN. The exemption is later reviewed, and the partner's TFN is requested.

Providing a TFN

Only the applicant can provide a TFN. If the TFN is not available, another kind of TFN statement can be made by:

  • the TFN claim person, or
  • the surviving TFN substitution person.

The applicant must provide the TFN statement on the claim form. Their partner, or the surviving TFN substitution person, must provide their TFN statement on the approved form, which must be given with the claim form for instalment claims and past period claims.

Act reference: FA(Admin)Act section 8(3) Statement of tax file number, section 8A(3) Statement of tax file number, section 8(6) How statement to be given, section 8A(6) How statement to be given

Making a TFN statement

The following table outlines the circumstances under which a TFN statement is made.

A TFN statement has been made by … if …
a TFN claim person
  • the applicant has provided their TFN
  • they have authorised the ATO to notify the Secretary of the TFN, or
  • they have applied for a TFN, and have authorised the Commissioner of Taxation to notify the Secretary of the TFN.
a TFN substitution person who was the deceased person
  • the applicant has provided the deceased person's TFN.
a TFN substitution person who was the partner of the deceased person
  • the applicant has provided the partner's TFN
  • the partner has authorised the ATO to notify the Secretary of the TFN, or
  • the partner has applied for a TFN, and has authorised the Commissioner of Taxation to notify the Secretary of the TFN.

Act reference: FA(Admin)Act section 8 Tax file number requirement to be satisfied for claims for FTB by instalment or for a past period to be effective, section 8A Tax file number requirement to be satisfied for claim in substitution because of the death of another individual to be effective

TFN unknown - ATO to notify

Either the individual, their partner, or a surviving TFN substitution person, can authorise the Commissioner of Taxation to:

  • inform them of their TFN, and
  • inform the Secretary whether the person has a TFN, and if so, what the TFN is.

Act reference: FA(Admin)Act section 8(4) Statement that TFN claim person does not know what his or her tax file number is etc., section 8A(4) Statement that TFN substitution person does not know what his or her tax file number is

Person has applied to ATO for TFN

If the applicant, their partner, or a surviving TFN substitution person has an application for a TFN pending with the ATO, they can authorise the Commissioner of Taxation to inform the Secretary:

  • what the TFN is if it has been issued
  • whether the application has been refused, or
  • whether the application has been withdrawn.

Act reference: FA(Admin)Act section 8(5) Statement that an application for a tax file number is pending, section 8A(5) Statement that an application for a tax file number is pending

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