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Tax Administration Act 1994

Assessments

98: Assessment of ESCT

You could also call this:

"When the government checks how much tax you owe on superannuation contributions"

Illustration for Tax Administration Act 1994

The Commissioner can make an assessment of the amount of employer's superannuation cash contribution on which ESCT ought to be imposed. You will be liable to pay the tax assessed unless you can show the assessment is excessive. You can challenge an assessment made under this section in the same manner as an assessment of income tax imposed under section BB 1 of the Income Tax Act 2007. Other sections, such as sections 109, 111, and 113, also apply to every assessment made under this section.

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Topics:
Money and consumer rights > Taxes
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"How the government works out tax owed for research and development payments"

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98B: Assessment of retirement scheme contribution withholding tax, or

"How much tax you owe on retirement scheme contributions"

Part 6Assessments

98Assessment of ESCT

  1. The Commissioner may, in respect of any employer or person who is chargeable with ESCT under section RD 67 of the Income Tax Act 2007, make an assessment of the amount of the employer's superannuation cash contribution on which, in the Commissioner's judgment, ESCT ought to be imposed and an assessment of the amount of that tax, and that employer or person shall be liable to pay the tax so assessed except so far as the employer or person establishes in proceedings challenging the assessment that the assessment is excessive or that the employer or person is not chargeable with the tax so assessed.

  2. Sections 109, 111, and 113 shall apply, so far as may be, with respect to every assessment made under subsection (1) of this section as if—

  3. in sections 111 and 113, the term taxpayer included a person who is chargeable with ESCT; and
    1. in section 113, the term tax already assessed included ESCT already assessed under subsection (1) of this section.

      1. An assessment made under this section shall be subject to challenge in the same manner as an assessment of income tax imposed under section BB 1 of the Income Tax Act 2007, and Part 8A of this Act shall apply accordingly.

      Compare
      • 1976 No 65 s 336ZG
      Notes
      • Section 98 heading: amended, on (effective for 2008–09 income year and later income years, unless the context requires otherwise), by section ZA 2 of the Income Tax Act 2007 (2007 No 97).
      • Section 98(1): amended (with effect on 1 April 2008), on , by section 199(a) of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
      • Section 98(1): amended (with effect on 1 April 2008), on , by section 199(b) of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
      • Section 98(1): amended, on (effective for 2008–09 income year and later income years, unless the context requires otherwise), by section ZA 2 of the Income Tax Act 2007 (2007 No 97).
      • Section 98(1): amended, on , by section 21(1) of the Tax Administration Amendment Act (No 2) 1996 (1996 No 56).
      • Section 98(1): amended, on (applying to 1997–98 and subsequent income years), by section 483(3) of the Taxation (Core Provisions) Act 1996 (1996 No 67).
      • Section 98(2)(a): amended (with effect on 1 October 1996), on , by section 164 of the Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 (2014 No 39).
      • Section 98(2)(a): amended, on (effective for 2008–09 income year and later income years, unless the context requires otherwise), by section ZA 2 of the Income Tax Act 2007 (2007 No 97).
      • Section 98(2)(b): amended, on (effective for 2008–09 income year and later income years, unless the context requires otherwise), by section ZA 2 of the Income Tax Act 2007 (2007 No 97).
      • Section 98(3): amended, on (effective for 2008–09 income year and later income years, unless the context requires otherwise), by section ZA 2 of the Income Tax Act 2007 (2007 No 97).
      • Section 98(3): amended, on , by section 21(2)(a) of the Tax Administration Amendment Act (No 2) 1996 (1996 No 56).
      • Section 98(3): amended, on , by section 21(2)(b) of the Tax Administration Amendment Act (No 2) 1996 (1996 No 56).
      • Section 98(3): amended, on (applying to 1997–98 and subsequent income years), by section 483(3) of the Taxation (Core Provisions) Act 1996 (1996 No 67).