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-C
-
Compulsory payment
History
Subdiv 133-C 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.
End benefit
SECTION 133-140
END BENEFIT NOTICE
-
SUPERANNUATION PROVIDER
133-140(1)
If the
*
end benefit becomes payable from a
*
superannuation interest for which the Commissioner keeps a debt account, the
*
superannuation provider in relation to the interest must give the Commissioner a notice stating:
(a)
unless subsection
(1A)
applies
-
the amount of the end benefit cap mentioned in subsection
133-120(2)
for the superannuation interest; and
(b)
the expected date of payment of the benefit.
Note:
If a person is dissatisfied with a notice given to the Commissioner under this subsection, the person may make a complaint under the AFCA scheme (within the meaning of the
Corporations Act 2001
).
History
S 133-140(1) amended by No 76 of 2023, s 3 and Sch 2 item 729, by omitting
"
Chapter 7 of
"
before
"
the
Corporations Act 2001
"
from the note, effective 20 October 2023.
S 133-140(1) amended by No 13 of 2018, s 3 and Sch 1 item 55, by substituting the note, effective 6 March 2018. For application provision, see note under s
133-120(2)
. The note formerly read:
Note:
If a person is dissatisfied with a notice given to the Commissioner under this subsection, the person may make a complaint:
(a) under the AFCA scheme (within the meaning of Chapter 7 of the
Corporations Act 2001
), but not before the authorisation of the scheme comes into force; or
(b) under section 15CA of the
Superannuation (Resolution of Complaints) Act 1993
, but not on or after the day on or after which complaints cannot be made because of section 14AB of that Act.
S 133-140(1) amended by No 13 of 2018, s 3 and Sch 1 item 27, by substituting the note, effective 6 March 2018 and applicable on and after the day on which the first authorisation of an external dispute resolution scheme, under Part
7.10A
of the
Corporations Act 2001
, comes into force. The note formerly read:
Note:
A person may make a complaint to the Superannuation Complaints Tribunal under section 15CA of the
Superannuation (Resolution of Complaints) Act 1993
if the person is dissatisfied with notice given to the Commissioner under this section.
S 133-140(1) amended by No 81 of 2016, s 3 and Sch 10 item 61, by substituting para (a), effective 1 January 2017 and applicable in relation to superannuation interests from which the end benefit becomes payable on or after 1 July 2017. Para (a) formerly read:
(a)
the amount of the end benefit cap mentioned in subsection 133-120(2) for the superannuation interest (unless the provider has already given the Commissioner notice of the end benefit cap under that subsection); and
133-140(1A)
The notice does not need to state the amount of the end benefit cap if:
(a)
the *superannuation provider has already given the Commissioner notice of the end benefit cap under subsection
133-120(2)
; or
(b)
before the end of the period mentioned in subsection
(2)
, the Commissioner has advised the superannuation provider under subsection
133-135(2)
that the debt account is not in debit.
History
S 133-140(1A) inserted by No 81 of 2016, s 3 and Sch 10 item 62, effective 1 January 2017 and applicable in relation to superannuation interests from which the end benefit becomes payable on or after 1 July 2017.
133-140(2)
The notice must be given within 14 days after the earlier of:
(a)
the
*
superannuation provider receiving a request (if any) to pay the
*
superannuation benefit; and
(b)
the superannuation benefit becoming payable.
133-140(3)
However, this section does not apply if the
*
superannuation provider has not been given a notice under section
133-75
saying that the Commissioner has started to keep a debt account for the
*
superannuation interest.
133-140(4)
A notice under this section must be given in the
*
approved form.
History
S 133-140 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.