TAXATION ADMINISTRATION ACT 1953

SCHEDULE 1 - COLLECTION AND RECOVERY OF INCOME TAX AND OTHER LIABILITIES  

Note: See section 3AA .

Chapter 3 - Collection, recovery and administration of other taxes  

PART 3-20 - SUPERANNUATION  

Division 133 - Division 293 tax  

Subdivision 133-C - Compulsory payment  

End benefit

SECTION 133-140   END BENEFIT NOTICE - SUPERANNUATION PROVIDER  

133-140(1)  
If the * end benefit becomes payable from a * superannuation interest for which the Commissioner keeps a debt account, the * superannuation provider in relation to the interest must give the Commissioner a notice stating:


(a) unless subsection (1A) applies - the amount of the end benefit cap mentioned in subsection 133-120(2) for the superannuation interest; and


(b) the expected date of payment of the benefit.

Note:

If a person is dissatisfied with a notice given to the Commissioner under this subsection, the person may make a complaint under the AFCA scheme (within the meaning of Chapter 7 of the Corporations Act 2001 ).

133-140(1A)  


The notice does not need to state the amount of the end benefit cap if:


(a) the *superannuation provider has already given the Commissioner notice of the end benefit cap under subsection 133-120(2) ; or


(b) before the end of the period mentioned in subsection (2), the Commissioner has advised the superannuation provider under subsection 133-135(2) that the debt account is not in debit.

133-140(2)  
The notice must be given within 14 days after the earlier of:


(a) the * superannuation provider receiving a request (if any) to pay the * superannuation benefit; and


(b) the superannuation benefit becoming payable.

133-140(3)  
However, this section does not apply if the * superannuation provider has not been given a notice under section 133-75 saying that the Commissioner has started to keep a debt account for the * superannuation interest.

133-140(4)  
A notice under this section must be given in the * approved form.




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