Document ID: chunk:federal_register_of_legislation:C2007A00009:clause:1_1:p22
Version: federal_register_of_legislation:C2007A00009
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 22/29)
Character Range: 62905–65823

due to fraud or evasion;
the Commissioner may amend the assessment at any time.

 (2) A *superannuation provider is covered under this subsection if any of the following conditions are satisfied:
 (a) contributions have been made to a *superannuation plan of the provider on behalf of the person in the *financial year;
 (b) an amount is included in the person's *concessional contributions for the financial year under subsection 292‑25(3) because the superannuation provider allocated it to the person;
 (c) *notional taxed contributions are included in the person's concessional contributions for the financial year under section 292‑165 because of the person's *defined benefit interest in a superannuation plan of the provider.

292‑325  Further amendment of an amended particular

  If:
 (a) an *excess contributions tax assessment has been amended (the earlier amendment) in any particular; and
 (b) the Commissioner is of the opinion that it would be just to further amend the assessment in that particular;
the Commissioner may do so within a period of 4 years after the earlier amendment.

292‑330  Amendment on review etc.

  Nothing in this Subdivision prevents the amendment of an *excess contributions tax assessment:
 (a) to give effect to a decision on a review or appeal; or
 (b) to reduce the assessment as a result of an objection or pending an appeal or review.

Note: A person may make a complaint to the Superannuation Complaints Tribunal under section 15CA of the Superannuation (Resolution of Complaints) Act 1993 if the person is dissatisfied with a statement given to the Commissioner by a superannuation provider under section 390‑5 in Schedule 1 to the Taxation Administration Act 1953.

Subdivision 292‑G—Collection and recovery

Guide to Subdivision 292‑G

292‑380  What this Subdivision is about

      Excess contributions tax is due and payable at the end of 21 days after notice of assessment and the general interest charge applies to unpaid amounts. Money may be released from a superannuation plan to pay the tax.

Table of sections

Operative provisions

292‑385 Due date for payment of excess contributions tax
292‑390 General interest charge
292‑395 Refunds of amounts overpaid
292‑400 Security for payment of tax
292‑405 Release authority
292‑410 Giving a release authority to a superannuation provider
292‑415 Superannuation provider given release authority must pay amount

Operative provisions

292‑385  Due date for payment of excess contributions tax

  *Excess contributions tax assessed for a person for a *financial year is due and payable at the end of 21 days after the Commissioner gives the person notice of the *excess contributions tax assessment.

292‑390  General interest charge

  If *excess contributions tax payable by a person remains unpaid after the time by which it is due and payable, the person is liable to pay the *general interest charge on