Taxation Administration Act 1953

A *superannuation provider in relation to a *superannuation plan must give the Commissioner a statement in relation to an individual if the individual held a *superannuation interest in the plan at any time during the period specified in a determination under subsection (6).

Section 286‑75 provides an administrative penalty for breach of this subsection.

If a person is dissatisfied with a statement given to the Commissioner by a superannuation provider under this section, the person may make a complaint under the AFCA scheme (within the meaning of the Corporations Act 2001).

A statement under subsection (1) must be in the *approved form.

The statement must be given to the Commissioner on a day specified in the determination under subsection (6).

Section 388‑55 allows the Commissioner to defer the time for giving an approved form.

The Commissioner may determine, by legislative instrument:

the period mentioned in subsection (1); and

the day on which a statement must be given to the Commissioner.

The period specified in the determination:

may be:

all or part of an income year; or

all or part of a financial year; or

any other period; and

may be different:

for different kinds of *superannuation provider; and

in relation to any other matter.

Subsection (7) does not limit the way in which the determination may specify the period.

The *approved form may require the statement to contain the following information:

information relating to the contributions made to the *superannuation plan, including the amount and type of the contributions;

the *value or *total superannuation balance value of any *superannuation interest, or superannuation account, the individual held in the superannuation plan at a particular time;

the amount of the individual’s *relevant superannuation earnings for an income year for any superannuation interest the individual held in the superannuation plan (unless it is an amount taken to be nil under subsection 296‑55(2) of the Income Tax Assessment Act 1997);

if no contributions were made to the superannuation plan in respect of the individual during the period—a statement to that effect;

information relating to the Superannuation (Unclaimed Money and Lost Members) Act 1999;

if the superannuation plan is a *regulated superannuation fund in relation to which the individual has an LRBA amount under section 307‑231 of the Income Tax Assessment Act 1997 (about limited recourse borrowing arrangements)—the amount of the LRBA amount.

Treat the following as contributions for the purposes of this section:

*notional taxed contributions in relation to a *defined benefit interest in the *superannuation plan;

amounts, mentioned in subsection 291‑25(3) or paragraph 292‑90(4)(a) of the Income Tax Assessment Act 1997, allocated by the *superannuation provider in relation to the superannuation plan;

amounts mentioned in paragraph 292‑90(4)(c) of that Act;

*defined benefit contributions in relation to a *defined benefit interest in the superannuation plan.

Subsection (9) does not limit the information that the *approved form may require the statement to contain.

The *approved form may require the statement to contain the *tax file number of:

the *superannuation provider; and

the *superannuation plan; and

the individual who holds the *superannuation interest in the plan if:

the individual has quoted the individual’s tax file number to the superannuation provider; or

a person has quoted the individual’s tax file number to the superannuation provider (and had authority to do so).