Commonwealth Consolidated Acts

SUPERANNUATION CONTRIBUTIONS TAX (ASSESSMENT AND COLLECTION) ACT 1997 - SECT 10A

Liability to pay surcharge

  (1)   If:

  (a)   in respect of an interest (the original interest ) that a person has as a member:

  (i)   a payment split applies to a splittable payment; or

  (ii)   an interest in a superannuation fund, an approved deposit fund or an RSA is created for the non - member spouse in relation to the original interest in circumstances prescribed by the regulations; or

  (iii)   an amount is transferred to a superannuation fund, an approved deposit fund or an RSA, in circumstances prescribed by the regulations, for the benefit of the non - member spouse in relation to the original interest; and

  (b)   an assessment is then made that surcharge is payable on the surchargeable contributions of the member in respect of the original interest;

then:

  (c)   if a superannuation provider holds those contributions for the member--the provider is taken to be the holder of those contributions and liable to pay the surcharge; or

  (d)   otherwise--the member is taken to be the holder of those contributions and liable to pay the surcharge.

  (2)   In this section:

"non-member spouse" means a non - member spouse within the meaning of Part   VIIIB or VIIIC of the Family Law Act 1975 .

"payment split" means a payment split within the meaning of Part   VIIIB or VIIIC of the Family Law Act 1975 .

"splittable payment" means a splittable payment within the meaning of Part   VIIIB or VIIIC of the Family Law Act 1975 .