15Amount of surcharge if this Division applies for whole year

15 Amount of surcharge if this Division applies for whole year

When this section applies (1) The amount of surcharge payable on the person’s reportable fringe benefits total for the year of income is 1% of that total if: (a) this Division applies to the person for the whole of the year of income; and (b) the sum of the person’s income for surcharge purposes, and the person’s spouse’s income for surcharge purposes, for the year of income exceeds the person’s family tier 1 threshold for the year of income; and (c) the person’s income for surcharge purposes for the year of income exceeds $27,222. Special rule if person’s spouse is a presently entitled beneficiary in a trust estate (2) In working out whether subsection (1) applies to a person whose spouse is a beneficiary presently entitled to a share in the net income of a trust estate in respect of which the trustee is liable to be assessed under section 98 of the Assessment Act, assume that: (a) the spouse’s income for surcharge purposes included that share; and (b) subsection 271‑105(1) in Schedule 2F to that Act did not apply in working out the net income of the trust estate. (3) Increase the amount of the percentage mentioned in subsection (1) by 0.25 of a percentage point if the person is a tier 2 earner for the year of income. (4) Increase the amount of the percentage mentioned in subsection (1) by 0.5 of a percentage point if the person is a tier 3 earner for the year of income.