Document ID: chunk:federal_register_of_legislation:F2017L00529:body:0:p14
Version: federal_register_of_legislation:F2017L00529
Segment Type: other
Provision Reference: 
Character Range: 33847–36900

with section 35D of the Superannuation Industry (Supervision) Act 1993 the period for lodgment of a return under that section is the period ending on the day that the taxpayer is required to lodge their income tax return. This return forms part of the Self-managed superannuation fund annual return 2017 which must be lodged with the Commissioner in accordance with this instrument.

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    The requirements for the lodgment of member information statements by superannuation providers in relation to superannuation plans (other than self-managed superannuation funds) are detailed in a separate legislative instrument 'Lodgment of statements by superannuation providers in relation to superannuation plans (other than self-managed superannuation funds) for each financial year ended 30 June in accordance with the Taxation Administration Act 1953' (registered in 2014). The lodgment of member information statements by superannuation providers is required under section 390-5 of Schedule 1 to the Taxation Administration Act 1953. The member information statements for superannuation providers in relation to superannuation plans that are self-managed superannuation funds form part of the Self­-managed superannuation fund annual return 2017 which must be lodged with the Commissioner in accordance with this instrument.

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    Lodgment in the approved form

    In accordance with subsection 161A(1) of the Income Tax Assessment Act 1936, subsection 214-25(2) of the Income Tax Assessment Act 1997, section 35D of the Superannuation Industry (Supervision) Act 1993, subsection 154-18(3) of the Higher Education Support Act 2003 and subsection 47C(3) of the Trade Support Loans Act 2014,  a return required by the Commissioner under this instrument must be lodged in the approved form. Under section 388-50 of Schedule 1 to the Taxation Administration Act 1953, a document is in the approved form if:

           a)      it is in the form approved in writing by the Commissioner;
           b)      it contains a declaration signed by the person or persons as required;
           c)      it contains the information required by the form and is accompanied by any further information, statement, or document (including any schedule) required by the Commissioner; and
           d)      it is given in the manner that the Commissioner requires (which may include electronically).

Note: Giving false or misleading information is an offence.

    Penalties for non-compliance

    Any person who fails or refuses to give me a return or any other information under the Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997 commits an offence (by virtue of section 8C of the Taxation Administration Act 1953) which is punishable on conviction by a fine not exceeding 20 penalty units under section 8E of the Taxation Administration Act 1953 if it is the first offence. If convicted of a second offence, the court may impose a fine not exceeding 40 penalty units. If convicted of a