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This is a Bill, not an Act. For current law, see the Acts databases.
2019
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Treasury Laws Amendment (Recovering
Unpaid Superannuation) Bill 2019
No. , 2019
(Treasury)
A Bill for an Act to amend the law relating to
taxation and superannuation, and for related
purposes
No. , 2019
Treasury Laws Amendment (Recovering Unpaid Superannuation) Bill
2019
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Superannuation guarantee amnesty
3
Income Tax Assessment Act 1997
3
Superannuation Guarantee (Administration) Act 1992
5
No. , 2019
Treasury Laws Amendment (Recovering Unpaid Superannuation) Bill
2019
1
A Bill for an Act to amend the law relating to
1
taxation and superannuation, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the Treasury Laws Amendment (Recovering Unpaid
6
Superannuation) Act 2019.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Treasury Laws Amendment (Recovering Unpaid Superannuation) Bill
2019
No. , 2019
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1,
items 1 to 9
The first 1 January, 1 April, 1 July or
1 October to occur after the day this Act
receives the Royal Assent.
3. Schedule 1,
items 10 to 12
24 May 2018.
24 May 2018
4. Schedule 1,
item 13
The day after the end of the period of 6
months beginning on the day this Act
receives the Royal Assent.
5. Schedule 1,
item 14
24 May 2018.
24 May 2018
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Superannuation guarantee amnesty Schedule 1
No. , 2019
Treasury Laws Amendment (Recovering Unpaid Superannuation) Bill
2019
3
Schedule 1--Superannuation guarantee
1
amnesty
2
3
Income Tax Assessment Act 1997
4
1 Section 26-95
5
Before "You", insert "(1)".
6
2 At the end of section 26-95
7
Add:
8
(2) However, if the charge relates to a
*
superannuation guarantee
9
shortfall for which you qualify for an amnesty under section 74 of
10
the Superannuation Guarantee (Administration) Act 1992, this
11
section does not apply to a payment that:
12
(a) is made, under that Act, during the amnesty period (within
13
the meaning of subsection 74(3) of that Act); and
14
(b) is made in relation to the charge, whether or not the
15
Commissioner applies the payment to satisfy your liability to
16
pay the charge;
17
except to the extent that the payment, when taken together with any
18
other such payments made in relation to the charge, exceeds the
19
amount paid as a result of a disclosure to which paragraph 74(1)(a)
20
of that Act applies in relation to the shortfall.
21
3 Section 290-95
22
Before "You", insert "(1)".
23
4 Section 290-95 (note)
24
Repeal the note, substitute:
25
Note:
Section 26-95 restricts deductions for charges imposed by the
26
Superannuation Guarantee Charge Act 1992.
27
5 At the end of section 290-95 (after the note)
28
Add:
29
Schedule 1 Superannuation guarantee amnesty
4
Treasury Laws Amendment (Recovering Unpaid Superannuation) Bill
2019
No. , 2019
(2) However, this section does not apply to such a contribution that is
1
made during the amnesty period (within the meaning of
2
subsection 74(3) of the Superannuation Guarantee
3
(Administration) Act 1992), to the extent that the charge relates to a
4
*
superannuation guarantee shortfall for which you qualify for an
5
amnesty under section 74 of that Act.
6
6 After subsection 291-465(2)
7
Insert:
8
(2A) Paragraph (2)(a) does not apply if:
9
(a) the determination relates to a contribution that is an amount
10
the Commissioner pays for your benefit under Part 8 of the
11
Superannuation Guarantee (Administration) Act 1992; and
12
(b) the amount represents an amount of a charge payment (within
13
the meaning of section 63A of that Act) paid as a result of a
14
disclosure to which paragraph 74(1)(a) of that Act applies;
15
and
16
(c) the entity making the disclosure qualified, under section 74
17
of that Act, for an amnesty in relation to the
*
superannuation
18
guarantee shortfall to which the charge payment relates.
19
7 At the end of subsection 293-30(4)
20
Add:
21
; (c) an amount that the Commissioner pays for your benefit under
22
Part 8 of the Superannuation Guarantee (Administration) Act
23
1992, if:
24
(i) the amount represents an amount of a charge payment
25
(within the meaning of section 63A of that Act) paid as
26
a result of a disclosure to which paragraph 74(1)(a) of
27
that Act applies; and
28
(ii) the entity making the disclosure qualified, under
29
section 74 of that Act, for an amnesty in relation to the
30
*
superannuation guarantee shortfall to which the charge
31
payment relates;
32
(d) an amount that an entity contributes for your benefit that is
33
offset, under section 23A of that Act, against the entity's
34
liability to pay superannuation guarantee charge (within the
35
meaning of that Act), if:
36
Superannuation guarantee amnesty Schedule 1
No. , 2019
Treasury Laws Amendment (Recovering Unpaid Superannuation) Bill
2019
5
(i) the amount represents an amount of a superannuation
1
guarantee charge covered by a disclosure to which
2
paragraph 74(1)(a) of that Act applies; and
3
(ii) the entity qualified, under section 74 of that Act, for an
4
amnesty in relation to the superannuation guarantee
5
shortfall to which the superannuation guarantee charge
6
relates.
7
8 Subsection 995-1(1)
8
Insert:
9
superannuation guarantee shortfall has the meaning given by
10
section 17 of the Superannuation Guarantee (Administration) Act
11
1992.
12
9 Application of amendments
13
The amendments of the Income Tax Assessment Act 1997 made by this
14
Schedule apply in relation to the 2017-18 income year and later income
15
years.
16
Superannuation Guarantee (Administration) Act 1992
17
10 Section 32
18
Before "An", insert "(1)".
19
11 At the end of section 32
20
Add:
21
(2) If:
22
(a) under section 74, the employer qualifies for an amnesty in
23
relation to part of the employer's superannuation guarantee
24
shortfall for the quarter; and
25
(b) that shortfall includes one or more individual superannuation
26
guarantee shortfalls for employees (newly included
27
employees) for the quarter that would not have been so
28
included if the information in the disclosure that gave rise to
29
the amnesty were not taken into account; and
30
(c) any assessment of the employer's superannuation guarantee
31
shortfall for the quarter that was made before the employer
32
Schedule 1 Superannuation guarantee amnesty
6
Treasury Laws Amendment (Recovering Unpaid Superannuation) Bill
2019
No. , 2019
qualified for the amnesty did not take into account an
1
individual superannuation guarantee shortfall for newly
2
included employees for the quarter;
3
in working out under subsection (1) the employer's administration
4
component for the quarter, the employer is taken not to have an
5
individual superannuation guarantee shortfall for any of the newly
6
included employees for the quarter.
7
(3) Despite subsection (1), an employer's administration component
8
for a quarter is nil if:
9
(a) under section 74, the employer qualifies for an amnesty in
10
relation to the whole of the employer's superannuation
11
guarantee shortfall for the quarter; and
12
(b) an assessment of the employer's superannuation guarantee
13
shortfall for the quarter has not been made (or taken to have
14
been made) under Part 4 before the employer qualified for
15
the amnesty.
16
12 After section 59
17
Insert:
18
60 Amnesty from liability to pay additional superannuation
19
guarantee charge
20
(1) If:
21
(a) under section 74, an employer qualifies for an amnesty in
22
relation to part of the employer's superannuation guarantee
23
shortfall for a quarter; and
24
(b) any assessment made under section 62, before the employer
25
qualified for the amnesty, of the additional superannuation
26
guarantee charge payable by the employer for the quarter did
27
not take into account the extent of the increase in the shortfall
28
as a result of the disclosure of information that gave rise to
29
the amnesty;
30
in working out under section 59 the employer's liability to pay
31
additional superannuation guarantee charge, the amount of the
32
superannuation guarantee charge payable by the employer for the
33
quarter is reduced by the extent to which the employer qualifies for
34
the amnesty for the quarter.
35
Superannuation guarantee amnesty Schedule 1
No. , 2019
Treasury Laws Amendment (Recovering Unpaid Superannuation) Bill
2019
7
(2) Despite section 59, an employer's liability to pay additional
1
superannuation guarantee charge under this Part for a quarter is nil
2
if:
3
(a) under section 74, the employer qualifies for an amnesty in
4
relation to the whole of the employer's superannuation
5
guarantee shortfall for the quarter; and
6
(b) the Commissioner has not, before the employer qualified for
7
the amnesty, made an assessment under section 62 of the
8
additional superannuation guarantee charge payable by an
9
employer under this Part for the quarter.
10
13 At the end of section 62
11
Add:
12
(4) If:
13
(a) an employer is liable under section 59 to additional
14
superannuation guarantee charge for a quarter that started on
15
or before 1 January 2018; and
16
(b) there is particular information that is relevant to the amount
17
of the employer's superannuation guarantee shortfall for the
18
quarter; and
19
(c) since the start of the amnesty period, either:
20
(i) the employer has not disclosed that information to the
21
Commissioner; or
22
(ii) the employer has disclosed that information to the
23
Commissioner, but only after the Commissioner
24
informed the employer that the Commissioner was
25
examining, or intended to examine, the employer's
26
compliance with an obligation to pay the
27
superannuation guarantee charge for the quarter; and
28
(d) by taking that information into account, the employer's
29
superannuation guarantee shortfall for the quarter exceeds
30
what it would be if that information were not taken into
31
account;
32
to the extent that the additional superannuation guarantee charge
33
relates to that excess, the Commissioner's power under
34
subsection (3) of this section to remit the additional superannuation
35
guarantee charge is limited to remitting no more than half of the
36
charge.
37
Schedule 1 Superannuation guarantee amnesty
8
Treasury Laws Amendment (Recovering Unpaid Superannuation) Bill
2019
No. , 2019
(5) However, subsection (4) does not apply if the Commissioner is
1
satisfied that there were exceptional circumstances that prevented
2
the employer from:
3
(a) disclosing that information to the Commissioner; or
4
(b) disclosing that information to the Commissioner before the
5
Commissioner informed the employer as mentioned in
6
subparagraph (4)(c)(ii);
7
as the case requires.
8
14 After section 73
9
Insert:
10
74 Amnesty in relation to historic amounts of superannuation
11
guarantee shortfall
12
Qualifying for the amnesty
13
(1) An employer qualifies for an amnesty for the employer's
14
superannuation guarantee shortfall for a quarter if:
15
(a) during the period (the amnesty period) provided by
16
subsection (3), the employer discloses to the Commissioner,
17
in the approved form, information that:
18
(i) relates to the amount of the employer's superannuation
19
guarantee shortfall for the quarter; and
20
(ii) was not disclosed to the Commissioner before the
21
amnesty period; and
22
(b) the amnesty period started after the end of the period of 28
23
days after the end of the quarter; and
24
(c) the Commissioner has not, at any time before the disclosure,
25
informed the employer that the Commissioner is examining,
26
or intends to examine, the employer's compliance with an
27
obligation to pay the superannuation guarantee charge for the
28
quarter.
29
(2) However, if the employer would have a superannuation guarantee
30
shortfall for the quarter even if the information in the disclosure
31
were not taken into account, the employer qualifies for an amnesty
32
for the shortfall only to the extent of the increase in the shortfall as
33
a result of taking the information into account.
34
Superannuation guarantee amnesty Schedule 1
No. , 2019
Treasury Laws Amendment (Recovering Unpaid Superannuation) Bill
2019
9
(3) The amnesty period is the period that:
1
(a) started on 24 May 2018; and
2
(b) ends 6 months after the day the Treasury Laws Amendment
3
(Recovering Unpaid Superannuation) Act 2019 receives the
4
Royal Assent.
5
Ceasing to qualify for the amnesty
6
(4) The employer ceases to qualify, and is taken never to have
7
qualified, for the amnesty for the employer's superannuation
8
guarantee shortfall for the quarter if the Commissioner notifies the
9
employer under subsection (5).
10
(5) The Commissioner may notify the employer in writing that the
11
employer has ceased to qualify, and is taken never to have
12
qualified, for that amnesty if:
13
(a) the employer:
14
(i) has not, on or before the day on which superannuation
15
guarantee charge on the employer's superannuation
16
guarantee shortfall for the quarter became payable, paid
17
that superannuation guarantee charge; and
18
(ii) has not, at any time, entered into an arrangement with
19
the Commissioner that includes the payment of that
20
superannuation guarantee charge; or
21
(b) the employer has entered into such an arrangement, but has
22
failed to comply with it.
23
(6) For the purposes of subparagraph (5)(a)(i), a payment under this
24
Act of an amount equal to the amount of the superannuation
25
guarantee charge mentioned in that subparagraph is taken to be a
26
payment of that charge whether or not the Commissioner applies
27
the payment to satisfy the employer's liability to pay that charge.
28
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