Superannuation Guarantee (Administration) Regulations 2018

PART 4 - LIABILITY OF EMPLOYERS TO SUPERANNUATION GUARANTEE CHARGE  

Division 3 - Administrative uplift amounts for superannuation guarantee shortfalls  

SECTION 13C   REDUCTION IF NO COMMISSIONER-INITIATED ASSESSMENT IN THE PAST 24 MONTHS  

13C(1)    
This section applies to reduce the percentage for the QE day by 20% if, during the 24-month period ending on the QE day:

(a)    no Commissioner-initiated assessment that is made, during the period, for the employer is in force on the QE day; and

(b)    no estimate under subsection 268-10(1) in Schedule 1 to the Taxation Administration Act 1953 has been made, during the period, for the employer for a liability to pay superannuation guarantee charge.

Note:

If this subsection applies, then the 60% in subsection 19B(1) of the Act is reduced to 40%.

13C(2)    
For the purposes of paragraph (1)(b) , disregard an estimate for which either of the following is satisfied on or before the QE day:

(a)    the estimate has been revoked;

(b)    the amount of the estimate has been reduced to nil.

Note:

Subdivision 268-D in Schedule 1 to the Taxation Administration Act 1953 deals with reducing and revoking estimates.

13C(3)    
Despite subsection (1) , if the QE day is between 1 July 2026 and 30 June 2028 (inclusive), then treat the period mentioned in subsection (1) as if it started on 1 July 2026.

13C(4)    
A Commissioner-initiated assessment , for the employer, is an assessment of superannuation guarantee charge that:

(a)    is of an amount of charge that is greater than nil; and

(b)    is made under subsection 36(1) of the Act for the employer and a QE day; and

(c)    satisfies subsection (5) .

13C(5)    
The assessment satisfies this subsection if:

(a)    it was made on the Commissioner ' s own initiative; or

(b)    it was made in response to a statement that:

(i) was purportedly lodged by the employer under section 33 of the Act as a voluntary disclosure statement; but

(ii) is not a voluntary disclosure statement.

Note:

Section 33 of the Act sets out when a statement is a voluntary disclosure statement.