19Amendment of assessments

#### 19 Amendment of assessments Application (1) This section applies if: (a) after the making of an assessment of surcharge on a member’s surchargeable contributions for a financial year: (i) the member’s adjusted taxable income for the financial year is increased or reduced and the increase or reduction affects a person’s liability to pay the surcharge; or (ii) the amount of the contributions is greater or less than the amount that was taken to be the amount of the contributions for the purposes of the assessment; or (iii) the Commissioner is required or permitted under any other provision of this Act to amend the assessment; and (b) the person who was the holder of the surchargeable contributions when the assessment was made is still the holder of the surchargeable contributions. Additional application (2) This section also applies if: (a) under an assessment of surcharge on a member’s surchargeable contributions for a financial year, the rate of surcharge that applies to the member on particular surchargeable contributions for the financial year was assessed to be nil because paragraph 5(3)(e) of the Superannuation Contributions Tax Imposition Act 1997 applied to the member; and (b) the rate of surcharge that applies to the member on these contributions for that financial year is afterwards determined to be greater than nil; and (c) the person who was the holder of the surchargeable contributions when the assessment was made is still the holder of the surchargeable contributions. Commissioner may amend assessment (3) The Commissioner may amend the assessment to take account of any matter referred to in subparagraph (1)(a)(i), (ii) or (iii) or paragraph (2)(a) or (b). Amendment increasing surcharge (4) If, as a result of the amendment of the assessment, the amount of surcharge is increased, then, subject to section 16, the amount of the increase is payable within 1 month after the day on which the assessment is amended. Amendment reducing surcharge (5) If, as a result of the amendment of the assessment, the amount of surcharge is reduced: (a) the amount by which the surcharge is reduced is taken never to have been payable; and (b) the Commissioner must: (i) refund the amount of any surcharge overpaid; or (ii) apply that amount against any liability of the holder of the surchargeable contributions to the Commonwealth under this Act, and refund to the holder any part of that amount not so applied. Section subject to section 17A (6) This section is subject to section 17A.