Superannuation Guarantee (Administration) Act 1992
PART 4
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VOLUNTARY DISCLOSURE STATEMENTS AND ASSESSMENTS
SECTION 38
REFUND OF OVERPAID AMOUNTS
38(1)
[Where liability reduced]
(a) the amount by which the charge is reduced is taken, for the purposes of section 49 , never to have been payable; and
(b) the Commissioner must:
In this section:
(a) any overpaid amount of superannuation guarantee charge in the form of general interest charge that became payable under section 49 ;
(b) if the reduction in the liability results in an amended penalty assessment of an administrative penalty - any overpayment of the administrative penalty;
(c) any overpayment of administrative penalty under Part 4-25 in Schedule 1 to the Taxation Administration Act 1953 relating to the reduction in the liability.
View history note
Hide history noteIf, because an assessment is amended, a person ' s liability to superannuation guarantee charge is reduced:
(a) the amount by which the charge is reduced is taken, for the purposes of section 49 , never to have been payable; and
(b) the Commissioner must:
(i) refund any overpaid amount; or
38(2)
(ii) apply any overpaid amount against the person ' s liability (if any) to the Commonwealth and refund any part of the amount that is not so applied.
In this section:
overpaid amount
includes each of the following:
(a) any overpaid amount of superannuation guarantee charge in the form of general interest charge that became payable under section 49 ;
(b) if the reduction in the liability results in an amended penalty assessment of an administrative penalty - any overpayment of the administrative penalty;
(c) any overpayment of administrative penalty under Part 4-25 in Schedule 1 to the Taxation Administration Act 1953 relating to the reduction in the liability.
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