INCOME TAX ASSESSMENT ACT 1997 - SECT 26.95 Superannuation guarantee charge
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.