Superannuation Contributions Tax (Assessment and Collection) Act 1997

PART 3 - ASSESSMENT AND COLLECTION OF SURCHARGE AND ADVANCE INSTALMENTS  

SECTION 18   AMENDMENT OF ASSESSMENT IF TAX FILE NUMBER QUOTED OR FOUND OUT AFTER ASSESSMENT  

18(1)   Application.  

This section applies if:

(a) an assessment of surcharge on the surchargeable contributions of a member for a financial year has been made; and

(b) the member did not, before the assessment was made, quote his or her tax file number to the relevant superannuation provider in connection with the operation or the possible future operation of this Act and the Commissioner did not know the tax file number when the assessment was made; and

(c) (Repealed by No 131 of 1999)

(d) the assessed amount was more than it would have been if the member had quoted the tax file number to the provider; and

(e) after the assessment was made:

(i) the member quoted the tax file number to the provider in connection with the operation or the possible future operation of this Act and the provider informed the Commissioner of the tax file number; or

(ii) the Commissioner found out the tax file number.

18(2)   Amendment of assessment.  

The Commissioner must amend the assessment to reduce the amount of surcharge to the amount that would have been payable if the Commissioner had known the tax file number when the assessment was made.