Treasury Laws Amendment (2019 Tax Integrity and Other Measures No. 1) Act 2019 (95 of 2019)

Schedule 7   Salary sacrifice integrity

Superannuation Guarantee (Administration) Act 1992

5   Subsection 19(3)

Repeal the subsection, substitute:

(3) For the purposes of the definition of quarterly salary or wages base in subsection (1), disregard an amount in a quarter if:

(a) the amount would be covered by paragraph (a) of that definition for the quarter (about amounts paid to the employee); but

(b) the amount is taken into account under paragraph (b) of that definition (about sacrificed salary or wages amounts) for any quarter.

Note: This prevents double counting if a sacrificed salary or wages amount is later paid as salary or wages, instead of being contributed to superannuation.

(4) If the quarterly salary or wages base, for an employer in respect of an employee, for a quarter exceeds the maximum contribution base for the quarter, the employer's quarterly salary or wages base to be taken into account for the purposes of the application of subsection (1) in relation to the quarter is the amount equal to the maximum contribution base.