SUPERANNUATION CONTRIBUTIONS TAX (ASSESSMENT AND COLLECTION) ACT 1997

PART 2 - LIABILITY TO SURCHARGE AND ADVANCE INSTALMENTS  

SECTION 10   LIABILITY TO PAY SURCHARGE  

10(1)   Application.  

This section identifies the person liable to pay the superannuation contributions surcharge on a member's surchargeable contributions for a financial year.

10(1A)   [Payment or interest splits on marriage breakdown]  

This section is subject to section 10A .

10(2)   Superannuation provider who holds surchargeable contributions liable to pay surcharge.  

If a superannuation provider is the holder of the surchargeable contributions when an assessment of the surcharge on those contributions is made, the provider is liable to pay the surcharge.

10(3)   Superannuation provider ceasing to be the holder of the contributions, or starting to pay pension or annuity, before receiving notice of assessment.  

However, subsection (2) does not apply to a superannuation provider that ceases to be the holder of the contributions, or begins to pay a pension or annuity based on the contributions, before a notice of the assessment is given to it.

10(4)   Contributions withdrawn or pension or annuity starts to be paid.  

If:


(a) the contributions have been paid to a person other than a superannuation provider or a pension or annuity based on the contributions has begun to be paid; and


(b) no superannuation provider is liable under subsection (2) to pay the surcharge;

the following paragraphs have effect:


(c) if the surchargeable contributions were paid, or the pension or annuity began to be paid, to the member - the member is liable to pay the surcharge; or


(ca) if the surchargeable contributions were paid, or the pension or annuity began to be paid, to a person other than the member - the other person is liable to pay the surcharge; or


(d) otherwise - the surcharge is not payable.




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