SCHEDULE 1
-
COLLECTION AND RECOVERY OF INCOME TAX AND OTHER LIABILITIES
History
Sch 1 inserted by No 178 of 1999 (as amended by No 179 of 1999 and No 44 of 2000).
Note: See section
3AA
.
Chapter 3
-
Collection, recovery and administration of other taxes
History
Ch 3 inserted by
No 73 of 2006
, s 3 and Sch 5 item 41, effective 1 July 2006.
PART 3-20
-
SUPERANNUATION
History
Pt 3-20 heading substituted by No 81 of 2016, s 3 and Sch 1 item 13, effective 1 January 2017 and applicable on and after 1 July 2017. The heading formerly read:
PART 3-20
-
SUSTAINING THE SUPERANNUATION CONTRIBUTION CONCESSION
Pt 3-20 inserted by No 82 of 2013, s 3 and Sch 3 item 2, effective 28 June 2013. No 82 of 2013, s 3 and Sch 3 item 39 contains the following application provision:
39 Application
(1)
Subject to this item, the amendments made apply to the 2012-13 income year and later income years.
…
No retrospective administrative penalty
(3)
Despite subitem (1), the amendments made do not give rise to a liability to an administrative penalty under section 286-75 in Schedule 1 to the
Taxation Administration Act 1953
for failing to do a thing by a particular day, if the day is before the day this Act receives the Royal Assent
[
28 June 2013].
Modification for certain notice provisions
(4)
Despite subitem (1), section 133-75 in Schedule 1 to the
Taxation Administration Act 1953
, as inserted, does not require the Commissioner to give a notice before 1 July 2014.
Division 133
-
Division 293 tax
History
Div 133 heading substituted by No 81 of 2016, s 3 and Sch 1 item 14, effective 1 January 2017 and applicable on and after 1 July 2017. The heading formerly read:
Division 133
-
Deferred payment
Div 133 inserted by No 82 of 2013, s 3 and Sch 3 item 2, effective 28 June 2013. For application provision, see note under Pt 3-20 heading.
Subdivision 133-A
-
Deferral determination
History
Subdiv 133-A inserted by No 82 of 2013, s 3 and Sch 3 item 2, effective 28 June 2013. For application provision, see note under Pt
3-20
heading.
Operative provisions
SECTION 133-10
DETERMINATION OF TAX THAT IS
DEFERRED TO A DEBT ACCOUNT
133-10(1)
The Commissioner must make a determination specifying the amount the Commissioner has ascertained as being the extent to which your
*
assessed Division
293
tax for an income year is
*
defined benefit tax attributable to a
*
superannuation interest.
Note 1:
For variation and revocation, see subsection
33(3)
of the
Acts Interpretation Act 1901
.
Note 2:
For general provisions, including review, see section
133-30
.
133-10(2)
The amount of
*
assessed Division 293 tax specified in the determination is
deferred to a debt account
for the
*
superannuation interest.
133-10(3)
However, the Commissioner must not make a determination under this section in relation to a *superannuation interest if, at the time the determination is to be made, the *end benefit for the superannuation interest has become payable.
History
S 133-10(3) substituted by No 81 of 2016, s 3 and Sch 10 item 55, effective 1 January 2017 and applicable in relation to superannuation interests from which the end benefit becomes payable on or after 1 July 2017. S 133-10(3) formerly read:
133-10(3)
However, the Commissioner must not make a determination under this section in relation to a
*
superannuation interest if, at the time the determination is to be made:
(a)
the
*
end benefit for the superannuation interest has become payable; or
(b)
a notice under section 133-125 has been made in relation to the superannuation interest.
Note:
For the meaning of
end benefit
, see section 133-130.
133-10(4)
Subsection (1) does not apply if the Commissioner ascertains that no part of your
*
assessed Division 293 tax for an income year is
*
defined benefit tax attributable to a
*
superannuation interest.
History
S 133-10 inserted by No 82 of 2013, s 3 and Sch 3 item 2, effective 28 June 2013. For application provision, see note under Pt 3-20 heading.