SUPERANNUATION CONTRIBUTIONS TAX (ASSESSMENT AND COLLECTION) ACT 1997

PART 2 - LIABILITY TO SURCHARGE AND ADVANCE INSTALMENTS  

SECTION 10A   PAYMENT SPLITS OR INTEREST SPLITS ON MARRIAGE BREAKDOWN  

10A(1)   Liability to pay surcharge.  

If:


(a) in respect of an interest (the original interest ) that a person has as a member:


(i) a payment split applies to a splittable payment; or

(ii) an interest in a superannuation fund, an approved deposit fund or an RSA is created for the non-member spouse in relation to the original interest in circumstances prescribed by the regulations; or

(iii) an amount is transferred to a superannuation fund, an approved deposit fund or an RSA, in circumstances prescribed by the regulations, for the benefit of the non-member spouse in relation to the original interest; and


(b) an assessment is then made that surcharge is payable on the surchargeable contributions of the member in respect of the original interest;

then:


(c) if a superannuation provider holds those contributions for the member - the provider is taken to be the holder of those contributions and liable to pay the surcharge; or


(d) otherwise - the member is taken to be the holder of those contributions and liable to pay the surcharge.

10A(2)   [Interpretation]  

In this section:

non-member spouse
has the same meaning as in Part VIIIB of the Family Law Act 1975 .

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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