TAXATION ADMINISTRATION ACT 1953

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

Note: See section 3AA .

Chapter 4 - Generic assessment, collection and recovery rules  

PART 4-15 - COLLECTION AND RECOVERY OF TAX-RELATED LIABILITIES AND OTHER AMOUNTS  

Division 265 - Other matters  

Subdivision 265-C - Direction to pay superannuation guarantee charge  

Guide to Subdivision 265-C

SECTION 265-90   DIRECTION TO PAY SUPERANNUATION GUARANTEE CHARGE  

265-90(1)  
The Commissioner may, by written notice, give you a direction requiring you to pay to the Commissioner:


(a) an amount of superannuation guarantee charge that is payable by you under the Superannuation Guarantee (Administration) Act 1992 ; or


(b) if an estimate under Division 268 in this Schedule of an amount of a liability of yours to pay superannuation guarantee charge for a quarter under section 16 of the Superannuation Guarantee (Administration) Act 1992 is in force as referred to in subsection 268-10(5) - the amount of the estimate.

Note:

The direction does not create a separate liability to pay the amount. However, it may result in you committing an offence against subsection 265-95(1) if the amount is not paid.

265-90(2)  
In deciding whether to give a direction under subsection (1), the Commissioner must have regard to the following matters:


(a) your history of compliance with obligations to pay superannuation guarantee charge, and obligations to pay estimates under Division 268 of superannuation guarantee charge;


(b) your history of compliance with other obligations under *taxation laws;


(c) whether the amount mentioned in paragraph (1)(a) or (b) is substantial, having regard to the size and nature of your business;


(d) any steps that you have taken to discharge the liability to pay the amount or dispute that the liability exists;


(e) any other matter that the Commissioner considers relevant.

265-90(3)  
The direction must:


(a) set out the amount that you are required to pay to the Commissioner; and


(b) if the amount referred to in paragraph (1)(a) or (b) relates to a *quarter - set out the quarter; and


(c) specify the period before the end of which you must comply with the direction (which must end at least 21 days after the day the direction is given); and


(d) explain the consequences of failing to comply with the direction; and


(e) explain how you may have the Commissioner ' s decision to give the direction reviewed.

265-90(4)  
To avoid doubt, a single notice may relate to 2 or more directions, but must comply with subsection (3) in relation to each of them.

265-90(5)  
A notice given under subsection (1) is not a legislative instrument.




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