Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997

PART 3 - ASSESSMENT AND COLLECTION OF SURCHARGE  

SECTION 12   SUPERANNUATION PROVIDERS TO GIVE STATEMENTS  

12(1)   Application.  

This section applies in respect of every member.

12(2)   Superannuation provider to give statement to Commissioner at end of financial year.  

Each superannuation provider must, after the end of each financial year (being a financial year that ends before 1 July 2005) but not later than the notification date for the financial year or such later date (if any) as the Commissioner allows, give the Commissioner, in respect of each person who, at the end of the financial year, was a member of the constitutionally protected superannuation fund of which the provider was the trustee, a statement setting out:


(a) the member ' s name, the address of the member ' s place of residence or place of business or employment, the date of the member ' s birth and, if given to the provider in connection with the operation or the possible future operation of this Act, the member ' s tax file number; and


(b) the particulars referred to in subsection (5); and


(c) any other matters required by the regulations.

12(3)   Superannuation provider that pays out contributed amounts.  

If, after 7.30 pm by legal time in the Australian Capital Territory on 20 August 1996 and before 1 July 2005, any of the contributed amounts in relation to the member were or are paid by a superannuation provider:


(a) to the member; or


(b) to the member, or to a person other than a member, under a payment split;

then the provider must, not later than the notification date for the financial year in which the payment was or is made or such later date (if any) as the Commissioner allows, give the Commissioner a statement setting out:


(c) the member ' s name, the address of the member ' s place of residence or place of business or employment, the date of the member ' s birth and, if given to the provider in connection with the operation or the possible future operation of this Act, the member ' s tax file number; and


(d) the particulars referred to in subsection (5); and


(e) the date of the payment; and


(f) any other information required by the regulations.

12(4)   Information to be given to member.  

A superannuation provider who is required to give a statement to the Commissioner under subsection (2) or (3) for a financial year earlier than the 1998-99 financial year must, not later than 12 months after the statement is given, give to the member the particulars referred to in subsection (5) that are required to be included in the statement.

12(4A)   Member may request provider to give particulars.  

If a member requests a superannuation provider who has given a statement to the Commissioner under this section for the 1998-99 financial year or a later financial year to give to the member the particulars referred to in subsection (7) relating to the member that are included in the statement (other than particulars that the provider has previously given to the member), the provider must comply with the request within 30 days after receiving it.

12(4B)   How particulars are to be given.  

The particulars to be given to a member under subsection (4A) are to be given:


(a) if the request asked for them to be given in writing - in writing; or


(b) otherwise - in such manner as the superannuation provider considers appropriate.

12(5)   Particulars to be included in statements.  

The particulars that are required to be given in a statement under this section are the total of the contributed amounts (if any) in relation to the member for the financial year and:


(a) if the statement is given by a superannuation (accumulated benefits) provider:


(i) if any of those amounts are amounts referred to in subparagraph (a)(i) of the definition of contributed amounts in section 38 - the total of so much of those amounts as are taxable contributions referred to in subparagraph 9(2)(c)(i); and

(ii) the total of any of those amounts that are amounts referred to in subparagraph (a)(ii) or (iii) of that definition; and


(b) if the statement is given by a superannuation (defined benefits) provider - the amount of the surchargeable contributions of the member for the financial year.

12(6)  


If:


(a) a superannuation benefit (within the meaning of the Income Tax Assessment Act 1997 ) becomes payable by a superannuation provider for the benefit of a member; or


(b) a payment split applies to a splittable payment in respect of an interest that a person has as a member;

(being a member who was a member at any time after 7.30 pm by legal time in the Australian Capital Territory on 20 August 1996 and before 1 July 2005), then the provider must give the Commissioner a statement setting out:


(c) the member ' s name, the address of the member ' s place of residence or place of business or employment, the date of the member ' s birth and, if given to the provider in connection with the operation or the possible future operation of this Act, the member ' s tax file number; and


(d) the date on which the superannuation benefit became payable; and


(e) the particulars in relation to the benefits referred to in paragraph 15(6)(b) or (6A)(d) (as the case requires); and


(f) any other information required by the regulations.

12(7)   Particulars to be included in statement under subsection (6).  

The statement required to be given by a superannuation provider to the Commissioner under subsection (6) is to be given before:


(a) if the provider is informed by the member, on or before the tenth day of the month after the month (the payment month ) in which the lump sum was paid or the pension began to be paid, that:


(i) the member had applied to the Commissioner for the issue of a tax file number; and

(ii) the Commissioner had neither granted nor refused the application;
the end of the 14th day of the second month after the payment month; or


(b) otherwise - the end of the 14th day of the month after the payment month;

or before the end of such further period as the Commissioner allows.

12(8)   Definitions.  

In this section:

payment split
means a payment split under Part VIIIB of the Family Law Act 1975 .

splittable payment
has the same meaning as in Part VIIIB of the Family Law Act 1975




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