Commonwealth Consolidated Acts

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SUPERANNUATION GUARANTEE (ADMINISTRATION) ACT 1992 - SECT 38

Refund of overpaid amounts

             (1)  If, because an assessment is amended, a person's liability to superannuation guarantee charge is reduced:

                     (a)  the amount by which the charge is reduced is taken, for the purposes of section 49, never to have been payable; and

                     (b)  the Commissioner must:

                              (i)  refund any overpaid amount; or

                             (ii)  apply any overpaid amount against the person's liability (if any) to the Commonwealth and refund any part of the amount that is not so applied.

             (2)  In subsection (1):

"overpaid amount" includes any overpaid amount of additional superannuation guarantee charge under section 49 or Part 7 of this Act or administrative penalty under Part 4-25 in Schedule 1 to the Taxation Administration Act 1953 .



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