Superannuation Guarantee (Administration) Act 1992

PART 3 - LIABILITY OF EMPLOYERS OTHER THAN THE COMMONWEALTH AND TAX-EXEMPT COMMONWEALTH AUTHORITIES TO PAY SUPERANNUATION GUARANTEE CHARGE

Division 2 - Superannuation guarantee charge payable by employers

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Subdivision C - Individual superannuation guarantee shortfalls arise if insufficient timely eligible superannuation contributions are made

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SECTION 18

18 SIMPLIFIED OUTLINE OF THIS SUBDIVISION

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This Subdivision is relevant if an employer has an individual superannuation guarantee amount for an employee that is greater than nil.

The employer will have an individual base superannuation guarantee shortfall for the employee that will result in superannuation guarantee charge if the employer does not make an equivalent amount of eligible superannuation contributions:

(a) for the benefit of the employee; and

(b) within a particular period.

The employer can reduce the amount of the charge by making eligible superannuation contributions:

(a) for the benefit of the employee; and

(b) up until the day before the Commissioner makes an assessment of the amount of the charge.

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History

S 18 inserted by No 57 of 2025, s 3 and Sch 1 item 12, effective 1 July 2026. For application and transitional provisions, see note under s 16 .

S 18 repealed by No 51 of 2002, s 3 and Sch 1 item 47, effective 1 July 2003. For application and transitional provisions, see note under s 5(3). S 18 formerly read:

SECTION 18 INDIVIDUAL SUPERANNUATION GUARANTEE SHORTFALL FOR 1992-93
18(1)
An employer ' s individual superannuation guarantee shortfall in respect of an employee for the 1992-93 year is the sum of the employer ' s half-yearly shortfalls in respect of that employee for that year.

18(2)
An employer ' s half-yearly shortfall in respect of an employee for a half-year is the amount worked out using the formula:

Total salary or wages paid by the employer to the employee for the half-year × Charge percentage for the employer for
the half-year
100

where:

' Charge percentage for the employer for the half-year ' means the number ascertained in relation to that employer and that half-year according to section 20 or 21 or that number as reduced, in respect of the employee, by section 22 or 23 , as the case may be.

18(3)
If the total salary or wages paid by an employer to an employee in a half-year exceeds the maximum contribution base for the contribution period that corresponds to that half-year, the total salary or wages to be taken into account for the purposes of the application of subsection (2) in relation to the half-year is the amount equal to the maximum contribution base.
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History

S 18(3) inserted by No 208 of 1992.

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