Treasury Laws Amendment (2019 Tax Integrity and Other Measures No. 1) Act 2019 (95 of 2019)

Schedule 7   Salary sacrifice integrity

Superannuation Guarantee (Administration) Act 1992

10   After subsection 23(7)

Insert:

Sacrificed ordinary time earnings amounts taken into account in a quarter not to be taken into account for any other quarter

(7A) For the purposes of the definition of ordinary time earnings base in subsection (2), disregard an amount in a quarter if:

(a) the amount would be covered by paragraph (a) of that definition for the quarter (about ordinary time earnings of the employee); but

(b) the amount is taken into account under paragraph (b) of that definition (about sacrificed ordinary time earnings amounts) for any quarter.

Note: This prevents double counting if a sacrificed ordinary time earnings amount is later paid as ordinary time earnings, instead of being contributed to superannuation.