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" has the same meaning as in Part VIIIB of the Family Law Act 1975 .

"payment split" means a payment split under Part VIIIB of the Family Law Act 1975 .

"splittable payment" has the same meaning as in Part VIIIB of the Family Law Act 1975 .