Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997
(a) calculates the member's adjusted taxable income; and
(b) if the adjusted taxable income is greater than the surcharge threshold:
(i) calculates the surchargeable contributions; and
(ii) calculates the rate of surcharge that applies to the member; and
(iii) specifies the amount of the surcharge payable or, if no surcharge is payable, states that a nil amount of surcharge is payable; and
(c) if the adjusted taxable income is equal to or less than the surcharge threshold - states that a nil amount of surcharge is payable.
(a) a member has died, whether before or after the commencement of this subsection; and
(b) after the death an assessment was or is made of surcharge on the member's surchargeable contributions for the financial year in which the member died or a later financial year;
the assessment is taken not to have been made.14(3) Notice of assessment.
(a) if paragraph (b) does not apply - to the member; or
(b) if the assessment:
(i) relates to the period when the relevant superannuation fund was a constitutionally protected superannuation fund; and
(ii) is made after that superannuation fund ceases to be a constitutionally protected superannuation fund;
to the superannuation provider.
The Commissioner is not required under subsection (3) to give a notice of an assessment if the assessment states that a nil amount of surcharge is payable.14(5) Particulars in notice of assessment.
A notice of assessment must include particulars of the matters contained in the assessment under subsection (1).14(6) How a notice is to be given.
A notice of assessment may be given in any manner prescribed by the regulations.14(7) Non-compliance not to affect validity of assessment.
The validity of any assessment is not affected by any non-compliance with a provision of this Act.
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