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 135
-
Releasing money from superannuation
History
Div 135 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 135-C
-
Release of superannuation money under a release authority
History
Subdiv 135-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.
Operative provisions
SECTION 135-75
REQUIREMENT FOR SUPERANNUATION PROVIDER TO RELEASE MONEY
135-75(1)
If:
(a)
a
*
superannuation provider has been given a release authority in accordance with Subdivision
135-B
; and
(b)
the amount mentioned in section
135-85
(the
release amount
) is greater than nil;
the superannuation provider must pay the release amount within 30 days after receiving the release authority.
Who superannuation provider pays the amount to
135-75(2)
The release amount must be paid to the Commissioner.
135-75(3)
(Repealed by No 81 of 2016)
Note 1:
Section
288-95
provides for an administrative penalty for failing to comply with this section.
Note 2:
For the taxation treatment of the payment, see sections
303-20
and
304-20
of the
Income Tax Assessment Act 1997
.
Note 3:
For reporting obligations on the superannuation provider in these circumstances, see section
390-65
in this Schedule.
History
S 135-75(3) (not including the notes) repealed by No 81 of 2016, s 3 and Sch 10 item 36, effective 1 July 2018. For application provisions, see note under Div
131
heading. S 135-75(3) formerly read:
135-75(3)
However, if the release authority was:
(a)
issued under item 1 of the table in subsection 135-10(1) (which is about Division 293 tax that is due and payable within 21 days); and
(b)
given to the
*
superannuation provider by the individual under section 135-40;
the release amount may be paid to the individual.
Which superannuation interest the amount is to be paid from
135-75(4)
The payment must be made out of one or more
*
superannuation interests (other than a
*
defined benefit interest) held by the
*
superannuation provider for the individual.
History
S 135-75 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.