ATO ID 2002/309: Superannuation Guarantee Scheme: Superannuation Guarantee Charge
Date of decision: 19 July 2001
Business line: Superannuation

Issue
Can the Commissioner remit any components of the Superannuation Guarantee Charge (SGC)?

Decision
No, the Commissioner cannot waive any components of the SGC as there is no discretion available in the Superannuation Guarantee (Administration) Act 1992 (SGAA).

Facts
The taxpayer is an employer who made insufficient superannuation contributions to a complying superannuation fund for its employees in relation to a year of income. As a result, the employer is liable to pay SGC in relation to the year of income.

Reasons for decision

Legislative references: Superannuation Guarantee (Administration) Act 1992 Section 16 Section 17 Section 19 Section 31 Section 32
Case references: AAT Case 12,229; Jarra Hills Pty Ltd v. Federal Commissioner of Taxation 37 ATR 1022 97 ATC 2132
Subject references: Superannuation guarantee charge Superannuation guarantee penalties Superannuation guarantee shortfalls