SUPERANNUATION CONTRIBUTIONS TAX (ASSESSMENT AND COLLECTION) ACT 1997

PART 3 - ASSESSMENT AND COLLECTION OF SURCHARGE AND ADVANCE INSTALMENTS  

SECTION 24   OBJECTIONS AGAINST ASSESSMENTS  

24(1)   Member or superannuation provider may object against assessment.  

If:


(a) an assessment of surcharge on a member ' s surchargeable contributions is made; and


(b) the member, or a superannuation provider who is the holder of the contributions, is dissatisfied with the assessment;

the member or provider may object against the assessment in the way set out in Part IVC of the Taxation Administration Act 1953 .

24(2)   Superannuation provider may object against class of assessments.  

An objection made by a superannuation provider may relate to all the assessments included in a class of assessments. A decision on the objection is taken to be a single decision for the purpose of calculating any fee payable in respect of lodging a reference or appeal in respect of the decision.

24(3)   Matters on which Commissioner may rely in deciding an objection.  

In making a decision on the objection in so far as the objection relates to the calculation of the member ' s adjusted taxable income, the Commissioner is entitled to rely on:


(a) the latest assessment of the member ' s taxable income under the Income Tax Assessment Act; and


(b) the latest statement of the member ' s surchargeable contributions given to the Commissioner by the superannuation provider.

Note:

If a member is dissatisfied with an assessment in so far as it relates to the calculation of the member ' s surchargeable contributions, as based on an amount or amounts set out in a statement given to the Commissioner by a superannuation provider under section 13 , the member may make a complaint under the AFCA scheme (within the meaning of Chapter 7 of the Corporations Act 2001 ) about the unfairness or unreasonableness of the superannuation provider ' s decision to set out the amount or any of the amounts in the statement.




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