Document ID: chunk:federal_register_of_legislation:C2022C00095:section:38
Version: federal_register_of_legislation:C2022C00095
Segment Type: section
Provision Reference: s 38
Character Range: 123883–124612

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.