ATO Interpretative Decision
ATO ID 2002/437 (Withdrawn)
Superannuation
Member deductible amount included as surchargeable contributionsFOI status: may be released
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This ATO ID is withdrawn as it is a straight application of the law and does not contain an interpretative decision.This document incorporates revisions made since original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.
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you will need to ensure that the relevant provisions referred to in the decision have not been amended or repealed.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
Whether an amount of a superannuation contribution (the contributed amount) that a member of an accumulated benefits provider has claimed as an income tax deduction in a financial year is a surchargeable contribution as defined in subparagraph 8(2)(c)(ii) of the Superannuation Contributions Tax(Assessment and Collection) Act 1997 (SCTA).
Decision
Yes. Subparagraph 8(2)(c)(ii) of the SCTA specifies that a member's surchargeable contributions for a financial year include the contributed amount that has been allowed as a deduction to the member under section 82AAT of the Income Tax Assessment Act 1936 (ITAA 1936).
Facts
The accumulated benefits provider lodged superannuation surcharge member contributions statements (MCS) in respect of the member for the financial year. The MCS included details of the total contributed amounts for the year including employer and personal contributions.
The member claimed an income tax deduction for personal superannuation contributions for the year in respect of the membership (referred to as the member deductible amount). Under self-assessment, the amount was allowed as a deduction under section 82 AAT of the ITAA 1936.
The member's adjusted taxable income exceeded the surcharge threshold for the financial year and a surcharge assessment issued to the provider as holder of the member's surchargeable contributions.
The surchargeable contributions for the assessment were the employer contributions and the member deductible amount that was claimed by the member for the financial year and allowed as a deduction to the member under section 82AAT of the ITAA 1936.
Reasons for Decision
Subparagraph 8(2)(c)(ii) of the SCTA specifies that a contributed amount is included as the member's surchargeable contributions for a financial year, where the contributed amount as defined in section 43 of the SCTA, has been allowed as a deduction to the member under section 82AAT of the ITAA 1936.
As the member was allowed a deduction under section 82AAT of the ITAA 1936 for the amount claimed as a member deductible amount for the financial year, the amount is included as a surchargeable contribution in accordance with subparagraph 8(2)(c)(ii) of the SCTA.
Date of decision: 5 July 2001Year of income: 1999
Legislative References:
Income Tax Assessment Act 1936
section 82AAT
subparagraph 8(2)(c)(ii)
section 43
Keywords
Superannuation
Surchargeable contributions
Superannuation contributions surcharge
ISSN: 1445-2782
| Date: | Version: | |
| 5 July 2001 | Original statement | |
| You are here | 15 December 2006 | Archived |
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