ATO Interpretative Decision
ATO ID 2001/489 (Withdrawn)
Superannuation
Superannuation contributions surcharge assessment - calculation of a member's surchargeable contributions and adjusted taxable incomeFOI status: may be released
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This ATO ID is withdrawn because superannuation contributions surcharge is not payable on surchargeable contributions for financial years after the 2004-2005 financial year. Despite its withdrawal, this ATO ID is still a precedential view for decisions in respect of superannuation contributions surcharge for financial years from 1996-1997 up to and including 2004-2005.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you will need to ensure that the relevant provisions referred to in the decision have not been amended or repealed.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
Is the taxpayer's adjusted taxable income for a financial year calculated based on the total surchargeable contributions as reported by their superannuation providers in accordance with section 13 of the Superannuation Contributions Tax (Assessment and Collection) Act 1997 (SCTA)?
Decision
Yes. The taxpayer's adjusted taxable income for a financial year is calculated based on the total surchargeable contributions as reported by their superannuation providers in accordance with section 13 of the SCTA.
Facts
The Commissioner received two superannuation surcharge member contributions statements from the taxpayer's superannuation (accumulated benefits) providers for the financial year.
Each superannuation provider reported surchargeable contributions in respect of the taxpayer's membership for the financial year.
The Commissioner calculated the taxpayer's adjusted taxable income for the financial year based on the total surchargeable contributions as reported by each superannuation provider.
Reasons for Decision
Section 13 of the SCTA requires a superannuation provider to report to the Commissioner details of a member's total contributed amounts for each financial year including the member's surchargeable contributions.
In the case of a member of a superannuation (accumulated benefits) provider (provider), surchargeable contributions are calculated by reference to the amounts actually paid to the provider including any amounts otherwise credited or attributed to an account for the member by the provider for a financial year.
For each financial year in which a member has surchargeable contributions, section 15 of the SCTA requires the Commissioner to calculate the member's adjusted taxable income. Under section 43 of the SCTA, a member's adjusted taxable income includes the member's taxable income plus their surchargeable contributions for the financial year. If the adjusted taxable income exceeds the surcharge threshold, the Commissioner must make an assessment of surcharge.
The Commissioner received reports from two providers in respect of the taxpayer for the financial year. Each provider reported surchargeable contributions in respect of the taxpayer's memberships. The total surchargeable contributions as reported by each provider was used by the Commissioner to calculate the taxpayer's adjusted taxable income for the financial year in accordance with sections 15 and 43 of the SCTA.
The surcharge assessments issued to the taxpayer's providers were based on the surchargeable contributions as reported to the Commissioner under section 13 of the SCTA.
If the providers report a change to the surchargeable contributions previously reported, the Commissioner will re-calculate the taxpayer's adjusted taxable income. Under section 19 of the SCTA the Commissioner may amend the assessments to take into account the change to the surchargeable contributions that was used to calculate the taxpayer's adjusted taxable income.
If a member is dissatisfied with an assessment in so far as it relates to the amount of surchargeable contributions as reported by a provider to the Commissioner under section 13 of the SCTA, the member may make a complaint to the Superannuation Complaints Tribunal under section 15CA of the Superannuation (Resolution of Complaints) Act 1993.
Date of decision: 26 June 2001
Legislative References:
Superannuation Contributions Tax (Assessment And Collection) Act 1997
section 13
section 15
section 43
section 15CA
Related Public Rulings (including Determinations)
Superannuation Contributions Determination SCD 98/2 - reporting requirements for superannuation providers
Keywords
Employer superannuation contributions
Superannuation provider - accumulation benefits
Superannuation contributions surcharge
Surchargeable contributions
Adjusted taxable income - superannuation contributions surcharge
ISSN: 1445-2782
| Date: | Version: | |
| 26 June 2001 | Original statement | |
| You are here | 11 September 2009 | Archived |