Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1997 - SECT 26.95

Superannuation guarantee charge

  (1)   You cannot deduct under this Act a charge imposed by the Superannuation Guarantee Charge Act 1992 .

  (2)   However, if the charge relates to a * superannuation guarantee shortfall for which you qualify for an amnesty under section   74 of the Superannuation Guarantee (Administration) Act 1992 , this section does not apply to a payment that:

  (a)   is made, under that Act, during the amnesty period (within the meaning of subsection   74(3) of that Act); and

  (b)   is made in relation to the charge, whether or not the Commissioner applies the payment to satisfy your liability to pay the charge;

except to the extent that the payment, when taken together with any other such payments made in relation to the charge, exceeds the amount paid as a result of a disclosure to which paragraph   74(1)(a) of that Act applies in relation to the shortfall.



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