SUPERANNUATION GUARANTEE (ADMINISTRATION) ACT 1992

PART 3 - LIABILITY OF EMPLOYERS OTHER THAN THE COMMONWEALTH AND TAX-EXEMPT COMMONWEALTH AUTHORITIES TO PAY SUPERANNUATION GUARANTEE CHARGE  

SECTION 23A   OFFSETTING LATE PAYMENTS AGAINST CHARGE  

23A(1)  


A contribution (other than a sacrificed contribution) to a complying superannuation fund or an RSA made by an employer for the benefit of an employee is offset under subsection (3) if:


(a) the contribution is made:


(i) after the end of the period of 28 days after the end of a quarter; and

(ii) before the employer ' s original assessment for that quarter is made; and


(b) the employer elects, in the approved form, that the contribution be offset.

23A(2)  


The election must be made:


(a) in a statement having effect under section 35 as the employer's assessment for the quarter; or


(b) within 4 years after the employer's original assessment for the quarter is made.

The election cannot be revoked.

23A(3)  
The contribution is offset, at the time the employer's original assessment for the quarter is made, against the employer's liability to pay superannuation guarantee charge to the extent that the liability relates to:


(a) that part of the employer's nominal interest component for the quarter that relates to the employee; or


(b) the employer's individual superannuation guarantee shortfall for the employee for the quarter.

23A(4)  
The contribution is offset against that part of the employer's nominal interest component for the quarter that relates to the employee before any remainder is offset against the employer's individual superannuation guarantee shortfall for the employee for the quarter.

23A(4A)  


If the election happens after the employer's assessment for the quarter is made, then, for the offset to take effect, the assessment must be amended accordingly under section 37 .

23A(5)  
A contribution to a superannuation fund or an RSA made by an employer for the benefit of an employee that is taken into account under this section in relation to a quarter is not to be taken into account:


(a) under this section in relation to any other quarter; or


(b) under section 22 or 23 .




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