Taxation Administration Act 1953
View history note
Hide history noteSch 1 inserted by No 178 of 1999 (as amended by No 179 of 1999 and No 44 of 2000).
Note: See section 3AA .
Chapter 2 - Collection, recovery and administration of income taxCh 2 title inserted by No 73 of 2006 , s 3 and Sch 5 item 40, effective 1 July 2006.
Pt 2-35 heading substituted by No 21 of 2015, s 3 and Sch 1 item 20, applicable in relation to non-concessional contributions for the 2013-14 financial year and later financial years. The heading formerly read:
PART 2-35 - EXCESS CONCESSIONAL CONTRIBUTIONS
Pt 2-35 inserted by No 118 of 2013, s 3 and Sch 1 item 2, effective 29 June 2013. No 118 of 2013, s 3 and Sch 1 Pt 7 contains the following application, transitional and saving provisions:
Part 7 - Application, transitional and saving provisions
Division 1 - Application and transitional provisions
110 Application
(1)
Subject to this Part, the amendments made by this Schedule [ of No 118 of 2013] apply:
(a) so far as they affect assessments relating to an income year - to assessments for the 2013-14 income year and later income years; and
(b) so far as they affect assessments relating to a financial year - to assessments for the 2013-2014 financial year and later financial years; and
(c) otherwise - to acts done or omitted to be done, or states of affairs existing, or periods ending, on or after the start of the first income year starting on or after 1 July 2013.
(2)
Subitem (1) does not apply to item 1 of this Schedule [ of No 118 of 2013].
…
Division 2 - Saving provisions
112 Making and amending assessments, and doing other things etc., in relation to past matters
112
Even though an Act is repealed or amended by this Act [ No 118 of 2013], the repeal or amendment is disregarded for the purpose of doing any of the following under any Act or legislative instrument (within the meaning of the Legislative Instruments Act 2003 ):
(a) making or amending an assessment (including under a provision that is itself repealed or amended);
(b) exercising any right or power, performing any obligation or duty or doing any other thing (including under a provision that is itself repealed or amended);in relation to any act done or omitted to be done, any state of affairs existing, or any period ending, before the repeal or amendment applies.
113 Saving of provisions about effect of assessments
113
If a provision or part of a provision that is repealed or amended by this Schedule [ of No 118 of 2013] deals with the effect of an assessment, the repeal or amendment is disregarded in relation to assessments made, before or after the repeal or amendment applies, in relation to any act done or omitted to be done, any state of affairs existing, or any period ending, before the repeal or amendment applies. 114 Saving of provisions about general interest charge and interest
114
If:
(a) a provision or part of a provision that is repealed or amended by this Act [ No 118 of 2013] provides for the payment of:
(i) general interest charge or shortfall interest charge; or
(ii) an amount of interest worked out under subsection 292-425(2) of the Income Tax Assessment Act 1997 ; and
(b) in a particular case, the period in respect of which the charge or interest is payable (whether under the provision or under the Taxation Administration Act 1953 ) has not begun, or has begun but not ended, when the provision is repealed or amended;then, despite the repeal or amendment, the provision or part continues to apply in the particular case until the end of the period.
115 Saving of regulations - allocated amounts
(1)
This item applies to a regulation if:
(a) the regulation was made for the purposes of subsection 292-25(3) of the Income Tax Assessment Act 1997 ; and
(b) the regulation was in force immediately before the commencement of this item [ 29 June 2013].
(2)
The regulation has effect, after the commencement of this item [ 29 June 2013], as if it had been made under subsection 291-25(3) of the Income Tax Assessment Act 1997 as amended by this Act [ No 118 of 2013].
116 Saving of regulations - notional taxed contributions
(1)
This item applies to a regulation if:
(a) the regulation was made for the purposes of subsection 292-170(1) of the Income Tax Assessment Act 1997 ; and
(b) the regulation was in force immediately before the commencement of this item [ 29 June 2013].
(2)
The regulation has effect, after the commencement of this item [ 29 June 2013], as if it had been made under subsection 291-170(1) of the Income Tax Assessment Act 1997 as amended by this Act [ No 118 of 2013].
117 Saving of regulations - transitional rules for notional taxed contributions
(1)
This item applies to a regulation if:
(a) the regulation was made for the purposes of a provision of section 292-170 of the Income Tax Assessment Act 1997 mentioned in column 1 of an item of the table in subitem (3); and
(b) the regulation was in force immediately before the commencement of this item [ 29 June 2013].
(2)
The regulation has effect, after the commencement of this item [ 29 June 2013], as if it had been made under the provision of section 291-170 of the Income Tax (Transitional Provisions) Act 1997 mentioned in column 2 of that item of the table, as inserted by this Act [ No 118 of 2013].
(3)
This is the table mentioned in subitems (1) and (2):
Saving of regulations - notional taxed contributions Item Column 1
Provision of the Income Tax Assessment Act 1997 under which the existing regulation was madeColumn 2
Provision of the Income Tax (Transitional Provisions) Act 1997 under which the regulation is taken, after the commencement of this item [ 29 June 2013], to have been made1 Paragraph 292-170(6)(d) Paragraph 291-170(2)(d) 2 Subparagraph 292-170(7)(e)(ii) Subparagraph 291-170(3)(e)(ii) 3 Paragraph 292-170(7)(f) Paragraph 292-170(3)(f) 4 Paragraph 292-170(8)(d) Paragraph 292-170(4)(d) 5 Subparagraph 292-170(9)(e)(ii) Subparagraph 291-170(5)(e)(ii) 6 Paragraph 292-170(9)(f) Paragraph 292-170(5)(f)
118 Saving of determination about discretion to disregard contributions
Determination relating to concessional contributions
(1)
This item applies to a determination if:
(a) the determination was made under section 292-465 of the Income Tax Assessment Act 1997 in relation to concessional contributions for a financial year; and
(b) the determination was in force immediately before the commencement of this item [ 29 June 2013].
(2)
The determination has effect, after the commencement of this item [ 29 June 2013], as if it had been made under section 291-465 of that Act as amended by this Act [ No 118 of 2013].
Determination relating to non-concessional contributions
(3)
This item applies to a determination if:
(a) the determination was made under section 292-465 of the Income Tax Assessment Act 1997 in relation to non-concessional contributions for a financial year; and
(b) the determination was in force immediately before the commencement of this item [ 29 June 2013].
(4)
The determination has effect, after the commencement of this item [ 29 June 2013], as if it had been made under section 292-465 of that Act as amended by this Act [ No 118 of 2013].
119 Part does not limit operation of the Acts Interpretation Act 1901
119
This Part does not limit the operation of the Acts Interpretation Act 1901 .
Div 95 repealed by No 45 of 2021, s 3 and Sch 2 item 6, applicable in relation to excess concessional contributions for a financial year starting on or after 1 July 2021. Div 95 formerly read:
Division 95 - Excess concessional contributions charge
Guide to Division 95
SECTION 95-1 WHAT THIS DIVISION IS ABOUT
You are liable to pay a charge on the income tax you pay on excess concessional contributions.
The charge is applied at a uniform rate that is the same as the shortfall interest charge.
The period for the excess concessional contributions charge starts at the start of the income year and ends just before tax is due to be paid under your first assessment for the year.
HistoryS 95-1 inserted by No 118 of 2013, s 3 and Sch 1 item 2, effective 29 June 2013. For application, transitional and saving provisions, see note under Pt 2-35 heading.
Subdivision 95-A - Object of Division
SECTION 95-5 OBJECT OF DIVISIONHistorySubdiv 95-A inserted by No 118 of 2013, s 3 and Sch 1 item 2, effective 29 June 2013. For application, transitional and saving provisions, see note under Pt 2-35 heading.
95-5
The object of this Division is to neutralise benefits that taxpayers could otherwise receive from * excess concessional contributions, so that they do not receive an advantage in the form of:
(a) the later time at which * tax is collected, as compared to tax that is collected through the Pay as you go system; and
(b) the earnings on the contributions, which receive a concessional tax rate and remain in superannuation even if the contributions are released under Division 131.HistoryS 95-5 amended by No 81 of 2016, s 3 and Sch 10 item 29, by substituting " 131 " for " 96 " in para (b), effective 1 July 2018. For application provisions, see note under Div 131 heading.
S 95-5 inserted by No 118 of 2013, s 3 and Sch 1 item 2, effective 29 June 2013. For application, transitional and saving provisions, see note under Pt 2-35 heading.
Subdivision 95-B - Excess concessional contributions charge
SECTION 95-10 LIABILITY TO EXCESS CONCESSIONAL CONTRIBUTIONS CHARGEHistorySubdiv 95-B inserted by No 118 of 2013, s 3 and Sch 1 item 2, effective 29 June 2013. For application, transitional and saving provisions, see note under Pt 2-35 heading.
95-10(1)
If:
(a) you have * excess concessional contributions for a * financial year; and
(b) you are liable to pay an amount of * tax (your actual tax ) for the corresponding income year; and
(c) your actual tax exceeds the amount of tax you would be liable to pay for the income year if the excess concessional contributions were disregarded;the excess is an amount of tax on which you are liable to pay excess concessional contributions charge .
Note 1:
Excess concessional contributions are included in assessable income and give rise to a tax offset: see section 291-15 of the Income Tax Assessment Act 1997 .
Note 2:
In this Act, tax is an assessed amount: see subsection 995-1(1) of the Income Tax Assessment Act 1997 .
95-10(2)
If you would not be liable to pay * tax for the income year if the * excess concessional contributions were disregarded, apply paragraph (1)(c) as if you would be liable to pay a nil amount of tax.
Period for which the charge is payable
95-10(3)
The liability is for each day in the period:
(a) beginning on the first day of the income year; and
(b) ending on the day before the day on which * tax under your first notice of assessment for that income year is due to be paid, or would be due to be paid if there were any.
SECTION 95-15 AMOUNT OF EXCESS CONCESSIONAL CONTRIBUTIONS CHARGEHistoryS 95-10 inserted by No 118 of 2013, s 3 and Sch 1 item 2, effective 29 June 2013. For application, transitional and saving provisions, see note under Pt 2-35 heading.
95-15
The * excess concessional contributions charge for a day is worked out by multiplying the rate worked out under section 4 of the Superannuation (Excess Concessional Contributions Charge) Act 2013 for that day by the sum of the following amounts:
(a) the amount of * tax on which you are liable to pay the charge;
(b) the excess concessional contributions charge on that amount from previous days.SECTION 95-20 WHEN EXCESS CONCESSIONAL CONTRIBUTIONS CHARGE IS DUE AND PAYABLEHistoryS 95-15 inserted by No 118 of 2013, s 3 and Sch 1 item 2, effective 29 June 2013. For application, transitional and saving provisions, see note under Pt 2-35 heading.
95-20(1)
The * excess concessional contributions charge you are liable to pay for an income year is due and payable on the day on which * tax is due to be paid under your first notice of assessment for that income year that includes an amount of tax on which you are liable to pay the charge.Note:
For when income tax is due and payable, see section 5-5 of the Income Tax Assessment Act 1997 .
Determination required
95-20(2)
An amount of * excess concessional contributions charge is only due and payable if the Commissioner gives you an * excess concessional contributions determination stating the amount of the charge (although it may be taken by subsection (1) to have been due and payable at a time before the determination was made).Note:
For excess concessional contributions determinations, see Division 97.
Amended determinations
95-20(3)
However, if the Commissioner amends your * excess concessional contributions determination, any extra charge resulting from the amendment is due and payable 21 days after the Commissioner gives you notice of the amended determination.
SECTION 95-25 GENERAL INTEREST CHARGEHistoryS 95-20 inserted by No 118 of 2013, s 3 and Sch 1 item 2, effective 29 June 2013. For application, transitional and saving provisions, see note under Pt 2-35 heading.
95-25
If an amount of * excess concessional contributions charge or * shortfall interest charge on excess concessional contributions charge that you are liable to pay remains unpaid after the time by which it is due to be paid, you are liable to pay the * general interest charge on the unpaid amount for each day in the period that:
(a) begins on the day on which the amount was due to be paid; and
(b) ends on the last day on which, at the end of the day, any of the following remains unpaid:
(i) the excess concessional contributions charge or shortfall interest charge;
(ii) the general interest charge on any of the excess concessional contributions charge or shortfall interest charge.Note 1:
The general interest charge is worked out under Part IIA.
Note 2:
Shortfall interest charge is worked out under Division 280 in this Schedule.
Note 3:
See section 5-10 of the Income Tax Assessment Act 1997 for when the amount of shortfall interest charge becomes due and payable.
HistoryS 95-25 inserted by No 118 of 2013, s 3 and Sch 1 item 2, effective 29 June 2013. For application, transitional and saving provisions, see note under Pt 2-35 heading.
Div 95 inserted by No 118 of 2013, s 3 and Sch 1 item 2, effective 29 June 2013. For application, transitional and saving provisions, see note under Pt 2-35 heading.
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