Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Regulations 1997
Part 1AContributed amounts
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These Regulations are the Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Regulations 1997.
2 Definitions
In these regulations, unless the contrary intention appears:
actuarial certificate, for a defined benefits superannuation scheme, means a certificate prepared for the scheme by an eligible actuary that states the actuary’s recommendations for the purpose of working out the amount of surchargeable contributions for members of the scheme for a financial year.
actuarial valuation, of a defined benefits superannuation scheme, means an actuarial valuation of the scheme prepared by an eligible actuary as part of the actuarial investigation of the scheme made under Part 9 of the Superannuation Industry (Supervision) Regulations 1994.
ATO Corporate External Gateway User ID means the user identification given to a supplier by the Commissioner to enable the supplier to use the ATO Corporate External Gateway.
Australian Business Number has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.
client identifier means a number or other unique identification assigned by a superannuation provider to a member’s accounts for linking all dealings by the provider with the member.
contributed amounts paid statement means a statement under subsection 12(3) of the Act for a member.
document includes any electronic communication that represents or reproduces words, figures or symbols in visible form.
employer‑sponsor has the meaning given by subsection 16(1) of the Superannuation Industry (Supervision) Act 1993.
information includes information in written or electronic form.
lump sum/pension payable statement means a statement under subsection 12(6) of the Act for a member.
member account number means the unique combination of characters (whether letters or numbers) used by a superannuation provider to identify a member’s account with the provider.
member contributions statement means a statement under subsection 12(2) of the Act for a member.
PAYE group number, for an employer, means the number assigned to the employer as a registered group employer under section 221F of the Income Tax Assessment Act.
reporting day means:
(a) in 1998—15 February, 15 April and 15 July; and
(b) in 1999 and subsequent years—15 January, 15 April and 15 July.
superannuation fund number means the number assigned to a superannuation provider by the Australian Prudential Regulation Authority.
supplier, in relation to information given or to be given to the Commissioner, means:
(a) a superannuation provider; or
(b) a person who is an agent of the superannuation provider for the purpose of giving information to the Commissioner.
supplier file reference means an identification number given by a supplier to the Commissioner.
supplier number, in relation to an entity that supplies information to the Commissioner, means the Australian Business Number, tax file number, or tax agent number, of the entity.
tax file number statement means a statement referred to in subregulation 11(1).
the Act means the Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997.
<table cellspacing="0" cellpadding="0" style="margin-left:42.55pt; border-collapse:collapse"><tbody><tr><td colspan="2" style="width:293.95pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading" style="margin-left:8.75pt"><a id="BK_S3P22L23C24"><span style="font-weight:normal">Note:</span><span style="width:5.03pt; font-weight:normal; display:inline-block"> </span><span style="font-weight:normal">A number of expressions used in these regulations are defined by section</span><span style="font-weight:normal"> </span><span style="font-weight:normal">37 of the </span><span style="font-weight:normal; font-style:italic">Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997</span><span style="font-weight:normal">, including:</span></a></p></td></tr><tr><td style="width:151.5pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><ul style="margin:0pt; padding-left:0pt"><li class="Body" style="margin-top:3pt; margin-left:17.85pt; font-family:serif"><span style="font-family:'Times New Roman', serif; font-size:10pt">Allocated surplus amount</span></li><li class="Body" style="margin-top:3pt; margin-left:17.85pt; font-family:serif"><span style="font-family:'Times New Roman', serif; font-size:10pt">Assessment</span></li><li class="Body" style="margin-top:3pt; margin-left:17.85pt; font-family:serif"><span style="font-family:'Times New Roman', serif; font-size:10pt">Commissioner</span></li><li class="Body" style="margin-top:3pt; margin-left:17.85pt; font-family:serif"><span style="font-family:'Times New Roman', serif; font-size:10pt">Contributed amounts</span></li><li class="Body" style="margin-top:3pt; margin-left:18.86pt; padding-left:7.79pt; font-family:serif"><span style="font-family:'Times New Roman', serif; font-size:10pt">Defined benefits superannuation scheme</span></li><li class="Body" style="margin-top:3pt; margin-left:17.85pt; font-family:serif"><span style="font-family:'Times New Roman', serif; font-size:10pt">Eligible actuary</span></li><li class="Body" style="margin-top:3pt; margin-left:17.85pt; font-family:serif"><span style="font-family:'Times New Roman', serif; font-size:10pt">Eligible termination payment</span></li><li class="Body" style="margin-top:3pt; margin-left:17.85pt; font-family:serif"><span style="font-family:'Times New Roman', serif; font-size:10pt">Income Tax Assessment Act</span></li><li class="Body" style="margin-top:3pt; margin-left:17.85pt; font-family:serif"><span style="font-family:'Times New Roman', serif; font-size:10pt">Interest</span></li><li class="Body" style="margin-top:3pt; margin-left:17.85pt; font-family:serif"><span style="font-family:'Times New Roman', serif; font-size:10pt">Late payment penalty</span></li><li class="Body" style="margin-top:3pt; margin-left:17.85pt; font-family:serif"><span style="font-family:'Times New Roman', serif; font-size:10pt">Member</span></li><li class="Body" style="margin-top:3pt; margin-left:17.85pt; font-family:serif"><span style="font-family:'Times New Roman', serif; font-size:10pt">Specified roll</span><span style="font-family:'Times New Roman', serif; font-size:10pt">‑</span><span style="font-family:'Times New Roman', serif; font-size:10pt">over amount</span></li></ul></td><td style="width:131.65pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><ul style="margin:0pt; padding-left:0pt"><li class="Body" style="margin-top:3pt; margin-left:10.06pt; padding-left:7.79pt; font-family:serif"><span style="font-family:'Times New Roman', serif; font-size:10pt">Superannuation (accumulated benefits) provider</span></li><li class="Body" style="margin-top:3pt; margin-left:10.06pt; padding-left:7.79pt; font-family:serif"><span style="font-family:'Times New Roman', serif; font-size:10pt">Superannuation Contributions Ruling SCR</span><span style="font-family:'Times New Roman', serif; font-size:10pt"> </span><span style="font-family:'Times New Roman', serif; font-size:10pt">97/1</span></li><li class="Body" style="margin-top:3pt; margin-left:10.06pt; padding-left:7.79pt; font-family:serif"><span style="font-family:'Times New Roman', serif; font-size:10pt">Superannuation (defined benefits) provider</span></li><li class="Body" style="margin-top:3pt; margin-left:10.06pt; padding-left:7.79pt; font-family:serif"><span style="font-family:'Times New Roman', serif; font-size:10pt">Superannuation provider</span></li><li class="Body" style="margin-top:3pt; margin-left:10.06pt; padding-left:7.79pt; font-family:serif"><span style="font-family:'Times New Roman', serif; font-size:10pt">Surcharge</span></li><li class="Body" style="margin-top:3pt; margin-left:10.06pt; padding-left:7.79pt; font-family:serif"><span style="font-family:'Times New Roman', serif; font-size:10pt">Year of income.</span></li></ul></td></tr></tbody></table>
Part 1A—Contributed amounts
2E Interpretation
(1) In this Part:
superannuation scheme means a superannuation scheme other than a defined benefits superannuation scheme.
(2) For this Part, a superannuation scheme has a surplus at a particular time if, at that time, the net market value of the assets of the scheme is greater than the total value of the account balances of the members of the scheme.
2F Meaning of contributed amounts—amounts attributable to interest—schemes without surplus (Act s 38)
(1) This regulation applies in relation to a member of a superannuation scheme that does not have a surplus.
(2) For subparagraphs (a)(i) and (ii) of the definition of contributed amounts in section 38 of the Act, an amount is to be regarded as reasonably attributable to interest in relation to the member for the 1999–2000 financial year, or a later financial year, if the amount:
(a) is credited, allocated or attributed to an account for the member for the financial year; and
(b) is not an amount paid for or by the member for the financial year.
2G Meaning of contributed amounts—amounts attributable to interest—schemes with surplus (Act s 38)
(1) This regulation applies in relation to a member of a superannuation scheme that operates an investment reserve, or a miscellaneous reserve, after 30 June 1997 for the purpose of dividing a surplus that the scheme had at any time after that date (regardless of when the surplus came into existence).
(2) For subparagraphs (a)(i) and (ii) of the definition of contributed amounts in section 38 of the Act, an amount is to be regarded as reasonably attributable to interest in relation to the member for the 1999–2000 financial year, or a later financial year, if, for the financial year, the requirements of subregulation (3) or (4) are satisfied in relation to the amount and the member.
(3) The requirements of this subregulation are satisfied in relation to an amount and a member for a financial year if:
(a) the amount is credited, allocated or attributed, for the financial year, to an account for the member from the investment reserve (except if the amount is credited, allocated or attributed to an account for the member for the purpose of paying employer contributions for the member); and
(b) an amount is also credited, allocated or attributed, for the financial year, from the investment reserve to:
(i) an account for each other member of the scheme; or
(ii) if the member is a member of a class of members of the scheme and the amount in the investment reserve relates only to that class of members, an account for each other member of the class; and
(c) either:
(i) the same interest rate increment is applied to determine the amount that is credited, allocated or attributed, for the financial year, to:
(A) the account for each member of the scheme; or
(B) if the member is a member of a class of members of the scheme and the amount in the investment reserve relates only to that class of members, the account for each other member of the class; or
(ii) each amount credited, allocated or attributed, for the financial year, to an account for a member of the scheme from the investment reserve is proportional to that member’s interest in the scheme at the time the amount is credited, allocated or attributed.
(4) The requirements of this subregulation are satisfied in relation to an amount and a member for a financial year if:
(a) the amount is credited, allocated or attributed, for the financial year, to an account for the member from the miscellaneous reserve (except if the amount is credited, allocated or attributed to an account for the member for the purpose of paying employer contributions for the member); and
(b) an amount is also credited, allocated or attributed, for the financial year, from the miscellaneous reserve to:
(i) an account for each other member of the scheme; or
(ii) if the member is a member of a class of members of the scheme and the amount in the miscellaneous reserve relates only to that class of members, an account for each other member of the class; and
(c) either:
(i) the same interest rate increment, being an interest rate increment that does not exceed 5% a year, is applied to determine the amount that is credited, allocated or attributed, for the financial year, to:
(A) the account for each member of the scheme; or
(B) if the member is a member of a class of members of the scheme and the amount in the investment reserve relates only to that class of members, the account for each other member of the class; or
(ii) each amount credited, allocated or attributed, for the financial year, to an account for a member of the scheme from the miscellaneous reserve does not exceed 5% of the member’s interest in the scheme for the financial year, and is proportional to one or more of the following:
(A) the member’s interest in the scheme for the financial year;
(B) the insurance premiums paid in respect of the member for the financial year;
(C) the administration expenses in respect of the member for the financial year;
(D) the amounts (if any) debited to the member’s account in respect of insurance premiums or administration expenses in respect of the member for the financial year.
2H Meaning of contributed amounts—amounts credited, allocated or attributable to member (Act s 38)
For subparagraph (a)(ii) of the definition of contributed amounts in section 38 of the Act, an amount is credited, allocated or attributable to a member of a superannuation scheme for the 1999–2000 financial year, or a later financial year, if:
(a) the amount is credited, allocated or attributed by the relevant superannuation provider to an account for the member for the financial year from an investment, contribution or miscellaneous reserve established for the purpose of dividing a surplus that the scheme had at any time after 30 June 1997; and
(b) the amount exceeds an amount that, in the opinion of an eligible actuary, is reasonable having regard to:
(i) the amounts paid for or by the member to the provider for the financial year; and
(ii) the scheme’s investments earnings relating to the member’s interest in the scheme for the financial year; and
(iii) any other matter the actuary considers relevant.
Part 1B—Surchargeable contributions
2L Surchargeable contributions—member of defined benefits superannuation scheme—1999–2000 financial year (Act s 9(6)(a))
For paragraph 9(6)(a) of the Act, the method for working out the amount of the actuarial value of the benefits that accrued to, and the value of the administration expenses and risk benefits provided in respect of, a member of a defined benefits superannuation scheme for the 1999–2000 financial year is:
Annual salary Notional surchargeable contributions factor
where:
annual salary means:
(a) if paragraph (b) does not apply—the amount that is the member’s annual salary for the financial year; or
(b) if another amount is taken to be the member’s annual salary for the purposes of the scheme as it applies to the member for the financial year—the other amount.
notional surchargeable contributions factor means the factor applying to the member for the financial year worked out by an eligible actuary using:
(a) the method set out in Superannuation Contributions Ruling SCR 97/1; or
(b) if the Commissioner approves in writing another method as being appropriate in relation to the member for the financial year, being a method that excludes contributions made by the member for which the member is not entitled to an income tax deduction under the Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997—the approved method.
2M Surchargeable contributions—member of defined benefits superannuation scheme—2000–2001 financial year and later years (Act s 9(6)(a))
(1) For paragraph 9(6)(a) of the Act, this regulation sets out the method for working out the amount of the actuarial value of the benefits that accrued to, and the value of the administration expenses and risk benefits provided in respect of, a member of a defined benefits superannuation scheme for the 2000–2001 financial year, or a later financial year.
(2) This regulation applies to a non‑accruing member of a defined benefits superannuation scheme for a financial year unless the member is a non‑accruing member of the scheme for the whole of the financial year.
Note: By virtue of subsection 9(4) of the Act, the amount of surchargeable contributions for a financial year of a member of a defined benefits superannuation scheme who is a non‑accruing member for the whole of the financial year is zero.
(3) The method for working out the amount of the actuarial value of the benefits that accrued to, and the value of the administration expenses and risk benefits provided in respect of, a member of a defined benefits superannuation scheme for the 2000–2001 financial year, or a later financial year, is:
(a) subject to paragraph (b), the standard method set out in Schedule 1; and
(b) if the member satisfies the requirements of subregulation (4), the method set out in subregulation (5).
Note 1: If the application of the method set out in Schedule 1 results in a negative amount for a member for a financial year, the member has no surchargeable contributions for the financial year.
Note 2: An amount worked out using the method set out in Schedule 1 is relevant only for the financial year for which it is worked out. So, for example, a negative amount worked out for a member under Schedule 1 for a financial year cannot be used to offset a positive amount worked out under the Schedule for the member for a later financial year.
(4) A member satisfies the requirements of this subregulation if:
(a) the member is entitled to:
(i) accumulation benefits only; or
(ii) accumulation benefits and defined death or disablement benefits; and
(b) the member has no present or future entitlement to a defined benefit under any other contingency.
(5) For the purposes of paragraph (3)(b), the method is:
CA + A + I
where, for the financial year for which the amount is being worked out:
CA is an amount worked out under subsection 9(2) of the Act for the member, less any part of that amount that relates to administration expenses or insurance expenses, including self‑insurance expenses, in respect of the member.
A is an amount that represents the value of administration expenses in respect of the member.
I is an amount that represents the sum of:
(a) the cost of any insurance provided in respect of the member by an entity other than the scheme; and
(b) the value of any self‑insurance provided in respect of the member.
(6) If a member changes membership status in a financial year, the amount worked out under this regulation for the member for the financial year is the sum of the amounts worked out for the member for each period of membership status in the financial year.
(7) In this regulation:
non‑accruing member, of a defined benefits superannuation scheme, has the meaning given by regulation 2N.
2N Meaning of non‑accruing member
(1) A member of a defined benefits superannuation scheme is a non‑accruing member of the scheme for a period if the member meets the requirements of subregulation (2) or (3).
(2) A member of a defined benefits superannuation scheme meets the requirements of this subregulation for a period if, for the whole of the period:
(a) the member’s membership in the scheme consists only in the member receiving pension payments under the scheme; and
(b) any of the following applies:
(i) the pension payments are always the same amount;
(ii) the pension payments are paid from an account that relates only to the member, and no employer contributions are paid to the account for the benefit of the member;
(iii) the first pension payment was made on or after the date of effect of the first actuarial certificate prepared for the scheme, and the pension payments increase at rates that are consistent with the assumptions used in the preparation of the actuarial certificate for the last financial year in which employer‑provided benefits accrued to the member under the scheme;
(iv) the first pension payment was made before the date of effect of the first actuarial certificate prepared for the scheme, and the pension payments increase at rates that are consistent with the rates prescribed under the rules of the scheme that applied when employer‑provided benefits accrued to the member under the scheme.
(3) A member of a defined benefits superannuation scheme meets the requirements of this subregulation for a period if, for the whole of the period:
(a) the member has a benefit entitlement in the scheme but no employer‑provided benefits have accrued to the member; and
(b) the rules of the scheme provide that the benefit:
(i) is not to increase in nominal terms; or
(ii) is to increase at a rate that reflects general price increases (for example, in accordance with the Consumer Price Index); or
(iii) is to increase at a rate reflecting the general level of salary growth or salary growth for relevant scheme membership (for example, in accordance with average weekly earnings, or average weekly ordinary time earnings, published by the Australian Statistician); or
(iv) is to increase at the rate (if any) at which the member’s salary increases; or
(v) is to increase at a rate reflecting the earning rate of the assets of the scheme or the part of the scheme to which the member belongs; or
(vi) in the case of a deferred benefit, is to increase at a rate that reflects any reduction in the expected period in which pension payments are to be made and any deferral of the date when payments will start; or
(vii) is to increase at a regular rate, or a rate worked out using a formula, that an eligible actuary considers will not result in an increase that is more than the greatest of the increases mentioned in subparagraphs (i) to (vi); and
(c) an eligible actuary considers that the benefit does not result in any increase in the value of employer‑provided benefits accruing to the member.
(4) For the purposes of determining whether a member of a defined benefits superannuation scheme is a non‑accruing member of the scheme for a period, any employer contributions paid to the scheme for the period to meet partially, or wholly, unfunded benefit liabilities of the scheme are not to be treated as employer contributions for the benefit of the member for the period.
Part 2—Statements by superannuation providers—additional information
3 Member contributions statement—additional information (Act, subsection 12(2))
(1) A member contributions statement must include information (where applicable) on the matters set out in Schedule 2.
(2) Those matters comprise:
(a) matters required by paragraphs 12(2)(a) and (b) of the Act to be set out in the statement (which are marked with an asterisk* in the Schedule); and
(b) matters that, under paragraph 12(2)(c) of the Act, are required by these regulations to be so set out (which are unmarked).
4 Contributed amounts paid statement—additional information (Act s 12(3))
(1) A contributed amounts paid statement must include information (if applicable) on the matters set out in Schedule 3.
(2) Those matters include:
(a) matters required by paragraphs 12 (3)(c), (d) and (e) of the Act to be set out in the statement (which are marked with an asterisk* in the Schedule); and
(b) matters that, under paragraph 12(3)(f) of the Act, are required by these regulations to be so set out (which are unmarked).
5 Lump sum/pension payable statement—additional information (Act, subsection 12(6))
A lump sum/pension payable statement must include, in addition to matters that are required by paragraphs 12(6)(c), (d) and (e) of the Act, information (where applicable) on the matters set out in Schedule 3.
Part 3—Information generally
6 Form of information to be given to the Commissioner
(1) This regulation applies to information to be given by a person to the Commissioner under the Act or these regulations, other than information to be contained in a statement under section 12 of the Act.
(2) The information must be given:
(a) if a form for the information is specified or approved by the Commissioner—in that form; and
(b) if a medium for the information is specified or approved by the Commissioner—in that medium; and
(c) if a format for the information is specified or approved by the Commissioner—in that format.
(3) The Commissioner may specify or approve different forms, formats and media:
(a) for information to be given by different types of superannuation providers or other persons; or
(b) for use in different circumstances.
(4) If a specified or approved form so provides, the person must:
(a) sign the form or include identification of the person in the form; and
(b) verify the information by a declaration as set out in the form.
(5) Any information that accompanies other information that is given to the Commissioner in a specified or approved form must include:
(a) the signature or other identification of the person giving the information in the form; and
(b) an endorsement that identifies the information as accompanying the information given in the form.
7 Where information is to be given
(1) If the Commissioner specifies or directs that a person or class of persons must give information (whether or not in a specified or approved form) required by the Act or these regulations at a particular address, the person or class of persons must give the information at that address.
(2) If the Commissioner does not specify or direct that information be given at a particular address, the information may be given at any office of the Commissioner.
10 Change or omission in information given to the Commissioner
(1) If at any time a superannuation provider becomes aware of a change or omission in any information given to the Commissioner, the provider must:
(a) inform the Commissioner of the change; or
(b) give the omitted information to the Commissioner;
as the case requires, unless the provider is reasonably satisfied that the change or omission will not affect an assessment.
(2) Information required by subregulation (1) must be given:
(a) if the provider becomes aware of the change or omission not less than 30 days before the next reporting day—before that reporting day; or
(b) in any other case—before the reporting day after the next reporting day.
11 Giving a tax file number statement to the Commissioner
(1) If:
(a) a superannuation provider has given information to the Commissioner in connection with the operation of the Act or these regulations in relation to a member; and
(b) the member did not quote his or her tax file number to the provider in connection with the operation or possible future operation of the Act before the information was given; and
(c) the member later quotes the tax file number to the provider in connection with the operation or possible future operation of the Act;
the provider must give a statement to the Commissioner that includes information on the matters set out in Schedule 4.
(2) A tax file number statement must be given to the Commissioner:
(a) if it is quoted to the provider not less than 30 days before the next reporting day—before that reporting day; or
(b) in any other case—before the reporting day after the next reporting day.
Note: Superannuation providers must comply with any guidelines relating to tax file number information issued by the Privacy Commissioner under section 17 of the Privacy Act 1988.
13 Need to give information in the required form and manner
(1) A person is not taken to have given information to the Commissioner for the Act or these regulations until the Commissioner accepts the information.
(2) The Commissioner must accept the information if it:
(a) gives a complete and accurate statement of all the matters required by the Act and these regulations, to the extent that information about those matters is known to the person; and
(b) is given in the form and manner required by the Act and these regulations; and
(c) is signed or otherwise identified by the person giving the information as required by the Act or these regulations.
(3) The acceptance of any information by the Commissioner does not affect the requirements of the Act or these regulations in relation to any other information given or to be given to the Commissioner.
Part 4—Miscellaneous
17 Amounts of interest to be rounded down—surcharge debt accounts
If interest calculated under subsection 15(4) of the Act for a member is an amount of whole dollars and an amount of cents, the amount of cents is to be disregarded.
18 Amounts remitted or refunded to be rounded up
If an amount of surcharge, interest or late payment penalty to be refunded or remitted under the Act is not a multiple of 5 cents, the amount is to be increased to the nearest multiple of 5 cents.