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

PART 3 - ASSESSMENT AND COLLECTION OF SURCHARGE  

SECTION 14   ASSESSMENT OF LIABILITY TO PAY SURCHARGE  

14(1)   Commissioner to assess surcharge.  

For each financial year (being a financial year that ends before 1 July 2005) for which there are surchargeable contributions for a member, the Commissioner must make an assessment that:

(a) calculates the member's adjusted taxable income; and

(b) if the adjusted taxable income is greater than the surcharge threshold:

(i) calculates the surchargeable contributions; and

(ii) calculates the rate of surcharge that applies to the member; and

(iii) specifies the amount of the surcharge payable or, if no surcharge is payable, states that a nil amount of surcharge is payable; and

(c) if the adjusted taxable income is equal to or less than the surcharge threshold - states that a nil amount of surcharge is payable.

14(2)   What happens if member dies.  

If:

(a) a member has died, whether before or after the commencement of this subsection; and

(b) after the death an assessment was or is made of surcharge on the member's surchargeable contributions for the financial year in which the member died or a later financial year;

the assessment is taken not to have been made.

14(3)   Notice of assessment.  

When an assessment (including an amended assessment) is made, the Commissioner must, subject to subsection (4), give notice of the assessment:

(a) if paragraph (b) does not apply - to the member; or

(b) if the assessment:

(i) relates to the period when the relevant superannuation fund was a constitutionally protected superannuation fund; and

(ii) is made after that superannuation fund ceases to be a constitutionally protected superannuation fund;

to the superannuation provider.

14(4)   No notice if nil amount assessed.  

The Commissioner is not required under subsection (3) to give a notice of an assessment if the assessment states that a nil amount of surcharge is payable.

14(5)   Particulars in notice of assessment.  

A notice of assessment must include particulars of the matters contained in the assessment under subsection (1).

14(6)   How a notice is to be given.  

A notice of assessment may be given in any manner prescribed by the regulations.

14(7)   Non-compliance not to affect validity of assessment.  

The validity of any assessment is not affected by any non-compliance with a provision of this Act.