Taxation Administration Act 1953
Sch 1 inserted by No 178 of 1999 (as amended by No 179 of 1999 and No 44 of 2000).
Note: See section 3AA .Chapter 3 - Collection, recovery and administration of other taxes
Ch 3 inserted by No 73 of 2006 , s 3 and Sch 5 item 41, effective 1 July 2006.
Pt 3-20 heading substituted by No 81 of 2016, s 3 and Sch 1 item 13, effective 1 January 2017 and applicable on and after 1 July 2017. The heading formerly read:
PART 3-20 - SUSTAINING THE SUPERANNUATION CONTRIBUTION CONCESSION
Pt 3-20 inserted by No 82 of 2013, s 3 and Sch 3 item 2, effective 28 June 2013. No 82 of 2013, s 3 and Sch 3 item 39 contains the following application provision:
Subject to this item, the amendments made apply to the 2012-13 income year and later income years.
No retrospective administrative penalty
Despite subitem (1), the amendments made do not give rise to a liability to an administrative penalty under section 286-75 in Schedule 1 to the Taxation Administration Act 1953 for failing to do a thing by a particular day, if the day is before the day this Act receives the Royal Assent [ 28 June 2013]. Modification for certain notice provisions
Despite subitem (1), section 133-75 in Schedule 1 to the Taxation Administration Act 1953 , as inserted, does not require the Commissioner to give a notice before 1 July 2014.
Div 135 inserted by No 82 of 2013, s 3 and Sch 3 item 2, effective 28 June 2013. For application provision, see note under Pt 3-20 heading.
Subdiv 135-A inserted by No 82 of 2013, s 3 and Sch 3 item 2, effective 28 June 2013. For application provision, see note under Pt 3-20 heading.
If the condition mentioned in column 1 of an item in the following table is satisfied:
(a) the Commissioner must issue you with a release authority under that item; and
(b) you have a release entitlement :
(i) equal to the amount mentioned in column 2 of that item; and
(ii) arising at the time mentioned in column 3 of that item.
Amount of the release entitlement:
Time at which the release entitlement arises:
|1 - 2||(Repealed by No 81 of 2016)|
|3||You become liable to pay your * debt account discharge liability for a * superannuation interest||The amount of your debt account discharge liability||On the giving of the notice under section 133-125|
A release authority issued under item 3 of the table can only be given to the superannuation provider that holds the superannuation interest to which the debt account relates: see subsection 135-40(3) .
S 135-10(1) amended by No 81 of 2016, s 3 and Sch 10 item 33, by repealing table items 1 and 2, effective 1 July 2018. For application provisions, see note under Div 131 heading. Table items 1 and 2 formerly read:
1 An amount of your * assessed Division 293 tax for an income year is due and payable in accordance with subsection 293-65(1) or 293-70(1) The amount of tax that is due and payable as mentioned in column 1 On assessing the amount 2 An amount of your * assessed Division 293 tax for an income year is * deferred to a debt account for a * superannuation interest The amount so deferred On the making of the determination under section 133-10
A release authority must:
(a) state the amount of the * release entitlement in respect of which it is given; and
(b) be dated; and
(c) contain any other information that the Commissioner considers relevant. Commissioner may issue a further release authority 135-10(3)
The Commissioner may at any time issue you with a further release authority in respect of a * release entitlement if:
(a) the Commissioner is satisfied that it is reasonable in the circumstances to do so; and
(b) the Commissioner has issued you with an earlier release authority in respect of that release entitlement.
Despite paragraph (2)(a), the further release authority must state the amount the Commissioner considers reasonable in the circumstances, but not exceeding the amount of the release entitlement.
For variation and revocation of release authorities, see subsection 33(3) of the Acts Interpretation Act 1901 .Release authority not to be issued to trustee of deceased estate 135-10(4)
To avoid doubt, this section does not require or permit the Commissioner to issue a release authority to the trustee of a deceased estate.
S 135-10 inserted by No 82 of 2013, s 3 and Sch 3 item 2, effective 28 June 2013. For application provision, see note under Pt 3-20 heading.
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.