Commonwealth Consolidated Acts

SUPERANNUATION CONTRIBUTIONS TAX (MEMBERS OF CONSTITUTIONALLY PROTECTED SUPERANNUATION FUNDS) ASSESSMENT AND COLLECTION ACT 1997 - SECT 16

Application

  (1)   This section applies if:

  (a)   an assessment of surcharge on the surchargeable contributions of a member for a financial year has been made; and

  (b)   the member did not, before the assessment was made, quote his or her tax file number to the Commissioner in connection with the operation or the possible future operation of this Act and the Commissioner did not know the tax file number when the assessment was made; and

  (c)   the assessed amount was more than it would have been if the member had quoted the tax file number to the Commissioner; and

  (d)   after the assessment was made:

  (i)   the member quoted the tax file number to the Commissioner in connection with the operation or the possible future operation of this Act; or

  (ii)   the Commissioner found out the tax file number.

Amendment of assessment

  (2)   The Commissioner must amend the assessment to reduce the amount of surcharge to the amount that would have been payable if the Commissioner had known the tax file number when the assessment was made.