Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997

PART 3 - ASSESSMENT AND COLLECTION OF SURCHARGE  

SECTION 17   AMENDMENT OF ASSESSMENTS  

17(1)   Application.  

This section applies if, after the making of an assessment of surcharge on a member's surchargeable contributions for a financial year:

(a) the member's adjusted taxable income for the financial year is increased or reduced and the increase or reduction affects the member's liability to pay the surcharge; or

(b) the amount of the contributions is greater or less than the amount that was taken to be the amount of the contributions for the purposes of the assessment; or

(c) the Commissioner is required or permitted under any other provision of this Act to amend the assessment.

17(2)   Additional application.  

This section also applies if:

(a) under an assessment of surcharge on a member's surchargeable contributions for a financial year, the rate of surcharge that applies to the member on particular surchargeable contributions for the financial year was assessed to be nil because paragraph 5(4)(e) of the Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Imposition Act 1997 applied to the member; and

(b) the rate of surcharge that applies to the member on those contributions for that financial year is afterwards determined to be greater than nil.

17(3)   Commissioner may amend assessment.  

The Commissioner may amend the assessment to take account of any matter referred to in paragraph (1)(a), (b) or (c) or the matters referred to in subsection (2).

17(4)   Amendment increasing surcharge.  

If, as a result of the amendment of the assessment, the amount of surcharge is increased:

(a) the Commissioner must debit the member ' s surcharge debt account for the amount of the increase if none of the following has become payable by the relevant superannuation provider for the benefit of the member:

(i) a lump sum;

(ii) a pension;

(iii) a superannuation benefit (within the meaning of the Income Tax Assessment Act 1997 ); or

(b) if paragraph (a) does not apply - the amount of the increase is payable by the member within 3 months after the day on which the assessment is amended or within such further period as the Commissioner allows.

17(5)   Amendment reducing surcharge.  

If, as a result of the amendment of the assessment, the amount of surcharge is reduced:

(a) the Commissioner must credit the account with the amount by which the surcharge is reduced if none of the following has become payable by the relevant superannuation provider for the benefit of the member and the member ' s surcharge debt account is in debit:

(i) a lump sum;

(ii) a pension;

(iii) a superannuation benefit (within the meaning of the Income Tax Assessment Act 1997 ); or

(b) if paragraph (a) does not apply:

(i) the amount by which the surcharge is reduced is to be applied in reduction of any liability of the member under this Act; and

(ii) any amount remaining is to be repaid to the member.

17(6)   Section subject to section 15A.  

This section is subject to section 15A .