Superannuation Contributions Tax (Assessment and Collection) Act 1997
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
(b) an assessment is then made that surcharge is payable on the surchargeable contributions of the member in respect of the original interest;
(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
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
.
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