Subdivision Circumstances that may increase the amou - Superannuation Guarantee (Administration) – Stapled Fund – Guidelines for the Reduction of an Employer’s Individual Superannuation Guarantee Shortfall for Late Contributions Due to Non-acceptance by Notified Stapled Fund Determination 2021 - Circumstances that may increase the amount of the employer’s shortfall

Circumstances that may increase the amount of the employer’s shortfall

(20) The Commissioner will have regard to whether there are circumstances which would support an increase in the amount of the employer’s shortfall.

(21) It may be appropriate for the Commissioner to uplift the amount of the employer’s shortfall by up to 20% where:

(a) the employer engaged in action to prevent or obstruct the Commissioner from determining the individual superannuation guarantee shortfall and / or the level of reduction, or

(b) an employer had a shortfall in the previous quarter because the late superannuation guarantee contributions they made after the most recently notified stapled fund did not accept the contributions were to a fund that did not comply with the choice of fund rules.

(22) The Commissioner cannot apply an uplift that results in the employer’s shortfall exceeding the original amount of the shortfall.

Circumstances that may increase the amouCircumstances that may increase the amount of the employer’s shortfall

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Circumstances that may increase the amount of the employer’s shortfall