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Superannuation Contributions Tax (Assessment and Collection) Act 1997
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Administered by
Department of the Treasury
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C2023C00409 (C28)
20 October 2023
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Part 1—Preliminary
1 Short title
2 Commencement
3 Act to bind Crown
4 Extension to Territories
5 Object of Act
6 Simplified outline of Act
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Part 2—Liability to surcharge and advance instalments
7 Superannuation contributions surcharge
7A Adjusted taxable income—first case
7B Adjusted taxable income—second case
8 Surchargeable contributions
8A Holder of surchargeable contributions of a member
9 Surcharge threshold
10 Liability to pay surcharge
10A Payment splits or interest splits on marriage breakdown
11 Advance instalment of superannuation contributions surcharge
12 Liability to pay advance instalment
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Part 3—Assessment and collection of surcharge and advance instalments
13 Superannuation providers to give statements
14 Giving of information in certain form
14A Commissioner may require member to provide information as to the holder of the member’s surchargeable contributions
15 Assessment of liability to pay surcharge and determination of advance instalment
15A Self assessing superannuation providers
15B Statement etc. by self assessing superannuation provider
16 Deferment of liability for surcharge payable by superannuation (unfunded defined benefits) providers
17 Credit or refund of advance instalment
17A Periods within which assessments may be made
18 Amendment of assessment if tax file number quoted or found out after assessment
19 Amendment of assessments
20 Assessment of liability to additional surcharge
21 Payment of the general interest charge if liability increased by an amendment of an assessment
22 Payment of general interest charge if surcharge payable under a further assessment
23 Tax file numbers
24 Objections against assessments
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Part 4—Recovery of unpaid surcharge, advance instalment, general interest charge or late payment penalty
25 Penalty for non payment of surcharge or advance instalment
25A Additional liability to pay general interest charge
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Part 5—Administration
30 General administration of Act
31 Annual report
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Part 6—Miscellaneous
33 No amount payable by Commonwealth under this Act
34 Act not to operate so as to contravene Constitution
34A Exclusion of certain members
35 Information to be given to Commissioner by superannuation provider who pays surcharge or advance instalment
35B Prohibition of avoidance schemes
35A Contravention notices
40 Records to be kept and retained by superannuation provider
41 Application of the Criminal Code
42 Regulations
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Part 7—Interpretation
43 Definitions
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Editorial changes