Superannuation Contributions Tax (Assessment and Collection) Act 1997

PART 2 - LIABILITY TO SURCHARGE AND ADVANCE INSTALMENTS  

SECTION 10A   PAYMENT SPLITS OR INTEREST SPLITS ON MARRIAGE BREAKDOWN  

10A(1)   Liability to pay surcharge.  

If:

(a)    in respect of an interest (the original interest ) that a person has as a member:


(i) a payment split applies to a splittable payment; or

(ii) an interest in a superannuation fund, an approved deposit fund or an RSA is created for the non-member spouse in relation to the original interest in circumstances prescribed by the regulations; or

(iii) an amount is transferred to a superannuation fund, an approved deposit fund or an RSA, in circumstances prescribed by the regulations, for the benefit of the non-member spouse in relation to the original interest; and

(b)    an assessment is then made that surcharge is payable on the surchargeable contributions of the member in respect of the original interest;

then:

(c)    if a superannuation provider holds those contributions for the member - the provider is taken to be the holder of those contributions and liable to pay the surcharge; or

(d)    otherwise - the member is taken to be the holder of those contributions and liable to pay the surcharge.

10A(2)    


In this section:

non-member spouse
means a non-member spouse within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975 .

payment split
means a payment split within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975 .

splittable payment
means a splittable payment within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975 .





This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.