ATO Interpretative Decision
ATO ID 2002/729 (Withdrawn)
Superannuation
Superannuation contributions tax: Objection against the superannuation contributions surcharge assessmentFOI status: may be released
-
This ATO ID is withdrawn as it is a straight application of the law and does not contain an interpretative decision.This document incorporates revisions made since original publication. View its history and amending notices, if applicable.
Status of this decision: Decision Withdrawn 15 December 2006
This ATOID provides you with the following level of protection:
If you reasonably apply this decision in good faith to your own circumstances (which are not materially different from those described in the decision), and the decision is later found to be incorrect you will not be liable to pay any penalty or interest. However, you will be required to pay any underpaid tax (or repay any over-claimed credit, grant or benefit), provided the time limits under the law allow it. If you do intend to apply this decision to your own circumstances, you will need to ensure that the relevant provisions referred to in the decision have not been amended or repealed. You may wish to obtain further advice from the Tax Office or from a professional adviser.
Issue
Is the superannuation provider's objection request valid under subsection 24(1) of the Superannuation Contributions Tax (Assessment and Collection) Act 1997 (SCT Act) where the Commissioner of Taxation has not made an assessment of surcharge at the time the objection is lodged?
Decision
No. Where the Commissioner has not made an assessment of surcharge at the time the objection is lodged, the objection is not a valid objection under subsection 24(1) of the SCT Act.
Facts
The provider lodged superannuation surcharge member contributions statements (MCS) for the 1997 financial year with the Commissioner. Subsequent to the MCS lodgment, the provider also lodged an objection against the superannuation contributions surcharge. No surcharge assessments had issued to the provider up to the date of lodgement of the objection request.
Reasons for Decision
In accordance with subsection 24(1) of the SCT Act, if an assessment of surcharge on a member's surchargeable contributions is made, the member or provider may lodge an objection against the assessment in the way set out in Part IVC of the Taxation Administration Act 1953 if they are dissatisfied with the assessment.
The definition of "assessment" under section 43 of the SCT Act means an assessment made under subsection 15(1) of the SCT Act. This is where for a financial year for which there are surchargeable contributions for a member, the Commissioner must make an assessment that calculates the members' adjusted taxable income (ATI) and if the ATI is greater than the surcharge threshold, calculate the surcharge payable.
Up to the time the objection was lodged, the Commissioner had not made an assessment of surcharge under the provisions of subsection 15(1) of the SCT Act.
As there is no assessment of surcharge for the purposes of subsection 24(1) of the SCT Act, the provider's objection is invalid.
Date of decision: 24 July 1999
Legislative References:
Superannuation Contributions Tax (Assessment and Collection) Act 1997
subsection 15(1)
subsection 24(1)
section 43
section 1
Other References:
Previously released as CDS10394
Keywords
Superannuation contribution surcharge
Objections
Superannuation contributions tax
Surchargeable contributions
ISSN: 1445-2782
| Date: | Version: | |
| 24 July 1999 | Original statement | |
| You are here → | 15 December 2006 | Archived |