Taxation Administration Act 1953

Sch 1 inserted by No 178 of 1999 (as amended by No 179 of 1999 and No 44 of 2000).

Ch 3 inserted by No 73 of 2006 , s 3 and Sch 5 item 41, effective 1 July 2006.

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.

Div 131 inserted by No 81 of 2016, s 3 and Sch 10 item 1, effective 1 July 2018. No 81 of 2016, s 3 and Sch 10 Div 3 contains the following application provisions:

Division 3 - Application of amendments

49 Main case  
(1)
The amendments made apply in relation to:

(a) excess concessional contributions determinations issued on or after 1 July 2018 (whether for financial years commencing before, on or after 1 July 2018); and

(b) excess non-concessional contributions determinations issued on or after 1 July 2018 (whether for financial years commencing before, on or after 1 July 2018); and

(c) notices of excess non-concessional contributions tax assessments issued on or after 1 July 2018 (whether for financial years commencing before, on or after 1 July 2018); and

(d) notices of assessments of amounts of Division 293 tax issued on or after 1 July 2018 (whether for income years commencing before, on or after 1 July 2018).

(2)
Those amendments so apply as if:

(a) the reference to this Subdivision in subsection 131-10(2) in Schedule 1 to the Taxation Administration Act 1953 included a reference to each of the following:

(i) Division 96 in that Schedule (as in force on 30 June 2018);

(ii) Division 135 in that Schedule (as in force on 30 June 2018);

(iii) section 292-415 of the Income Tax Assessment Act 1997 (as in force on 30 June 2018); and

(b) the reference to this Subdivision in subsection 131-15(4) in that Schedule included a reference to Division 135 in that Schedule (as in force on 30 June 2018).

Note:

For an amended determination or assessment, the reference to all release authorities in paragraph 131-20(1)(b) in that Schedule includes any of the following issued for an earlier determination or assessment of that kind given to the relevant individual for the relevant financial year or income year:

(a) release authorities issued under section 131-15 in that Schedule;

(b) release authorities issued under former section 292-405 of the Income Tax Assessment Act 1997 , former Division 96 in that Schedule or former item 1 or 2 of the table in subsection 135-10(1) in that Schedule, as applicable.

50 Elections not yet acted on  
(1)
This item applies to you if:

(a) you make a valid election under section 96-5 or 96-7 in Schedule 1 to the Taxation Administration Act 1953 ; and

(b) in response to the election, the Commissioner does not issue a release authority under section 96-10 or 96-12 in that Schedule before 1 July 2018.

(2)
The amendments made apply as if:

(a) the election were a valid request made under section 131-5 in that Schedule; and

(b) the reference to this Subdivision in subsection 131-10(2) in that Schedule included a reference to Division 96 in that Schedule (as in force on 30 June 2018).
51 Requests made after 1 July 2018 within a period that started before that day  
(1)
This item applies to you if:

(a) you could have made a valid election under section 96-5 or 96-7 in Schedule 1 to the Taxation Administration Act 1953 ; and

(b) you did not give the election to the Commissioner before 1 July 2018; and

(c) as on 30 June 2018, the period for giving the election to the Commissioner under that section was to end after that day.

(2)
The amendments made apply as if:

(a) section 131-5 in that Schedule permitted you to make a request that is the same in substance as the election you could have made; and

(b) the period under that section for giving the request to the Commissioner were 60 days starting on the same day that the period referred to in paragraph (1)(c) of this item started; and

(c) the reference to this Subdivision in subsection 131-10(2) in that Schedule included a reference to Division 96 in that Schedule (as in force on 30 June 2018).
52 Release authorities for ENCC tax issued to individuals before 1 July 2018 but not to superannuation providers before that day  
(1)
This item applies to you if:

(a) the Commissioner issues you with a release authority under section 292-405 of the Income Tax Assessment Act 1997 in relation to an excess non-concessional contributions tax assessment; and

(b) under subsection 292-410(4) of that Act, the Commissioner could have given the release authority to one or more superannuation providers before 1 July 2018; and

(c) the Commissioner did not do so.

(2)
This item also applies to you if:

(a) the Commissioner issues you with a release authority under section 292-405 of the Income Tax Assessment Act 1997 in relation to an excess non-concessional contributions tax assessment; and

(b) by the end of 30 June 2018, the Commissioner had not given the release authority to any superannuation provider; and

(c) apart from subitem (3) of this item, the conditions in subsection 292-410(3) of that Act are satisfied for that release authority after 30 June 2018.

(3)
The amendments made apply as if:

(a) subsection 131-15(3) in Schedule 1 to the Taxation Administration Act 1953 permitted the Commissioner to issue a release authority, relating to the excess non-concessional contributions tax assessment, to one or more superannuation providers; and

(b) subsection 131-20(2) in that Schedule also disregarded any amounts that:

(i) were stated in any other release authorities issued under section 292-405 of the Income Tax Assessment Act 1997 (as in force on 30 June 2018) for that assessment and given to a superannuation provider; but

(ii) were not paid by the superannuation provider.

53 Release authorities issued to individuals before 1 July 2018 but assessed Division 293 tax is still payable on or after that day  
(1)
This item applies to you if:

(a) the Commissioner issues you with a release authority under item 1 of the table in subsection 135-10(1) in Schedule 1 to the Taxation Administration Act 1953 in relation to an amount of assessed Division 293 tax; and

(b) under subsection 135-45(1) in that Schedule, the Commissioner could have given the release authority to one or more superannuation providers before 1 July 2018; and

(c) the Commissioner did not do so.

(2)
This item also applies to you if:

(a) the Commissioner issues you with a release authority under item 1 of the table in subsection 135-10(1) in Schedule 1 to the Taxation Administration Act 1953 in relation to an amount of assessed Division 293 tax; and

(b) as on 30 June 2018, the 120-day period referred to in subsection 135-45(1) in that Schedule for the release authority is to end after that day; and

(c) apart from subitem (3) of this item, paragraphs 135-45(1)(a) and (b) in that Schedule are satisfied for that release authority at the end of that 120-day period.

(3)
The amendments made apply as if:

(a) subsection 131-15(4) in that Schedule permitted the Commissioner to issue a release authority, relating to the assessment of the amount of Division 293 tax, to one or more superannuation providers; and

(b) the reference to this Subdivision in subsection 131-15(4) in that Schedule included a reference to Division 135 in that Schedule (as in force on 30 June 2018); and

(c) subsection 131-20(2) in that Schedule also disregarded any amounts that:

(i) were stated in any other release authorities issued under Division 135 in that Schedule (as in force on 30 June 2018) for that assessment and given to a superannuation provider; but

(ii) were not paid by the superannuation provider.

54 Notice on or after 1 July 2018 of amounts not paid for release authorities issued before that day  
(1)
This item applies to you if:

(a) a release authority is issued under Division 96 in Schedule 1 to the Taxation Administration Act 1953 in relation to you before 1 July 2018; and

(b) the Commissioner gives you a notice under section 96-40 in that Schedule on or after 1 July 2018 stating an amount (the unreleased amount ) that a superannuation provider did not pay in relation to the release authority.

(2)
The amendments made apply as if:

(a) subsection 131-5(4) in that Schedule permitted you to make a request to release the unreleased amount from another of your superannuation interests; and

(b) the notice mentioned in paragraph (1)(b) of this item were a notice mentioned in paragraph 131-5(4)(b) in that Schedule; and

(c) the reference to this Subdivision in subsection 131-10(2) in that Schedule included a reference to Division 96 in that Schedule (as in force on 30 June 2018).

Subdiv 131-A inserted by No 81 of 2016, s 3 and Sch 10 item 1, effective 1 July 2018. For application provision, see note under Div 131 heading.

S 131-30 substituted by No 75 of 2023, s 3 and Sch 4 item 16, effective 15 September 2024. No 75 of 2023, s 3 and Sch 4 items 28 - 30 contain the following application and transitional provisions:

28 Application of amendments etc.  
(1)
The amendments made by this Schedule apply in relation to first home super saver determinations made, or to be made, on or after 1 July 2018.

(2)
However, the amendments made by this Schedule of the following provisions apply in relation to first home super saver determinations made, or to be made, on or after the commencement of this Schedule:
(a) paragraph 138-10(2)(a) in Schedule 1 to the Taxation Administration Act 1953 ;
(b) subsection 313-40(2) of the Income Tax Assessment Act 1997 .

(3)
Subitem (4) applies for the purposes of subsection 313-35(1) of the Income Tax Assessment Act 1997 , if the first home super saver determination mentioned in paragraph (a) of that subsection is made before the commencement of this Schedule.

(4)
Treat the reference in subparagraph 313-35(1)(c)(i) of that Act (as inserted by this Schedule) to " 90 days " as instead being a reference to " 14 days " .
29 Transitional - variations or revocations of release authorities before commencement  
29
A variation of a release authority, or a revocation of a release authority, as the result of a decision made:
(a) under section 131-30 in Schedule 1 to the Taxation Administration Act 1953 ; and
(b) before the commencement of this Schedule;

continues in force (and may be dealt with) on or after that commencement as if that decision had been made under subsection 131-30(1) in that Schedule (as amended by this Schedule).

30 Transitional - assisting individuals who have unsuccessfully attempted to obtain FHSS released amounts  
(1)
This item applies if:
(a) a first home super saver determination (the original determination ) was made in relation to you during the period:

(i) starting on 1 July 2018; and

(ii) ending immediately before the commencement of this Schedule; and

(b) after the original determination was made, you begin holding an interest that:

(i) relates to real property or land; and

(ii) is an interest of a kind mentioned in paragraph 138-10(2)(a) in Schedule 1 to the Taxation Administration Act 1953 (as amended by this Schedule); and

(c) during the 3-year period starting at the commencement of this Schedule, you take one or more of the following actions:

(i) apply, under subsection 138-13(2) in Schedule 1 to the Taxation Administration Act 1953 , to amend the original determination;

(ii) amend, under subsection 131-12(1) in that Schedule, your valid request relating to the original determination;

(iii) apply, under subsection 131-30(3) in that Schedule, to vary a release authority issued in relation to the original determination; and

(d) when you take such an action, the Commissioner has not begun treating, under Division 3 of Part IIB of the Taxation Administration Act 1953 , any credit to which you have become entitled:

(i) under section 131-65 in Schedule 1 to that Act; and

(ii) in relation to a release authority relating to any first home super saver determination made in relation to you.

(2)
For the purposes of an action covered by paragraph (1)(c), each of the following provisions in Schedule 1 to the Taxation Administration Act 1953 :
(a) paragraph 138-13(1)(a) ;
(b) paragraph 131-12(1)(b) ;
(c) subparagraph 131-30(2)(a)(ii) ;

applies to you as if you satisfy paragraph 138-10(2)(a) in that Schedule.

Note:

This means the fact that you now hold that interest relating to real property or land does not prevent you from seeking to:

(a) amend the original determination; or

(b) amend your valid request for a release authority relating to the original determination; or

(c) vary a release authority issued in relation to the original determination.

(3)
However, any amendment of the original determination as a result of this item:
(a) must not state an FHSS maximum release amount that exceeds what that amount could have been at the time the original determination was made; and
(b) must reflect the limits that were in paragraphs 138-35(1)(a) and (b) in Schedule 1 to the Taxation Administration Act 1953 at the time the original determination was made.

(4)
Subdivisions 313-C to 313-E of the Income Tax Assessment Act 1997 do not apply to you in circumstances relating to, or resulting from, (whether directly or indirectly) an action covered by paragraph (1)(c) of this item.

S 131-30 formerly read:

SECTION 131-30 VARYING AND REVOKING A RELEASE AUTHORITY  
131-30
The Commissioner may vary or revoke a release authority issued under section 131-15 at any time before the Commissioner is given a notice under section 131-50 relating to the release authority.

S 131-30 inserted by No 81 of 2016, s 3 and Sch 10 item 1, effective 1 July 2018. For application provision, see note under Div 131 heading.