Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

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 .


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback