Document ID: chunk:federal_register_of_legislation:C2013A00118:clause:1_2:p7
Version: federal_register_of_legislation:C2013A00118
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 7/7)
Character Range: 40440–42808

credit as the Commissioner fails to refund under that Division; and
 (b) for the period:
 (i) beginning 60 days after the day the Commissioner receives the amount; and
 (ii) ending on the day the Commissioner refunds the amount mentioned in paragraph (1)(a); and
 (c) on a daily basis; and
 (d) at the *base interest rate for the day the interest is calculated.

96‑60  Income tax treatment of amounts released—proportioning rule does not apply
  Section 307‑125 of the Income Tax Assessment Act 1997 (the proportioning rule) does not apply to a payment made as required or permitted under this Subdivision.
Note: Further provision about the income tax treatment of amounts released is in section 303‑15 of that Act.

Division 97—Excess concessional contributions determinations

Table of Subdivisions
97‑A Excess concessional contributions determinations

Subdivision 97‑A—Excess concessional contributions determinations

Guide to Subdivision 97‑A

97‑1  What this Subdivision is about
      The Commissioner must give you a determination stating the amount of your excess concessional contributions and any excess concessional contributions charge.

Table of sections

Operative provisions
97‑5 Determination of excess concessional contributions and charge
97‑10 Review

Operative provisions

97‑5  Determination of excess concessional contributions and charge
 (1) If you have *excess concessional contributions for a *financial year, the Commissioner must make a written determination stating:
 (a) the amount of those excess concessional contributions; and
 (b) the amount (if any) of *excess concessional contributions charge you are liable to pay for the corresponding income year.
 (2) A determination under this section is an excess concessional contributions determination.
 (3) The Commissioner may amend a determination at any time.
 (4) Notice of the determination may be included in any other notice given to you by the Commissioner.
 (5) Notice of a determination given by the Commissioner under this section is prima facie evidence of the matters stated in the notice.

97‑10  Review
  If you are dissatisfied with an *excess concessional contributions determination made in relation to you, you may object against the determination in the manner set out in Part IVC.

Part 2—Updating cross‑references to concessional contributions

Fair Work Act 2009