ATO Interpretative Decision
ATO ID 2001/545 (Withdrawn)
Superannuation
Superannuation Contributions Tax: Financial Year Used for Reporting Surchargeable ContributionsFOI 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This ATO ID is withdrawn because superannuation contributions surcharge is not payable on surchargeable contributions for financial years after the 2004-2005 financial year.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you will need to ensure that the relevant provisions referred to in the decision have not been amended or repealed.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
Can surchargeable contributions received by a superannuation provider in a financial year be treated as being contributed in another financial year?
Decision
No, there is no discretion under the Superannuation Contributions Tax (Assessment and Collection) Act 1997 (SCTA) for the Commissioner of Taxation to apportion the surchargeable contributions reported by the superannuation provider
Facts
The taxpayer was a member of an superannuation (accumulated benefits) provider. During the financial year the employer made a superannuation contribution on behalf of the taxpayer to a complying superannuation fund. The superannuation contribution received by the fund related to employment income received by the taxpayer in earlier financial years. The taxpayer received a surcharge assessment based on the employer contribution made in the financial year.
Reasons for Decision
Under section 8 of the SCTA, surchargeable contributions are calculated by reference to contributions made to the superannuation provider for the financial year. Paragraph 8(2)(c) of the SCTA defines surchargeable contributions to include certain taxable contributions made by an employer to a complying superannuation fund in respect of a member for the financial year.
Section 13 of the SCTA requires the superannuation provider to report the amounts that were paid by the employer for that financial year to the Commissioner of Taxation.
Section 15 of the SCTA requires the Commissioner of Taxation to make an assessment of surcharge after determining the member's adjusted taxable income.
The surcharge liability in respect of the taxpayer has been correctly calculated based on the information reported by the superannuation provider.
There is no discretion under the SCTA, which permits the Commissioner of Taxation to vary the amount of surchargeable contributions reported to him.
Date of decision: 13 August 2001Year of income: 2000
Legislative References:
Superannuation Contributions Tax (Assessment and Collection) Act 1997
section 8
paragraph 8(2)(c)
section 13
section 15
section 43
Keywords
Employer superannuation contributions
Surchargeable contributions
Superannuation
Adjusted taxable income - superannuation contributions surcharge
ISSN: 1445-2782
| Date: | Version: | |
| 13 August 2001 | Original statement | |
| You are here | 27 November 2009 | Archived |