Superannuation Guarantee (Administration) – Stapled Fund – Guidelines for the Reduction of an Employer’s Individual Superannuation Guarantee Shortfall for Late Contributions Due to Non-acceptance by Notified Stapled Fund Determination 2021 (Cth)

Legislative Instrument

Superannuation Guarantee (Administration) – Stapled Fund – Guidelines for the Reduction of an Employer's Individual Superannuation Guarantee Shortfall for Late Contributions Due to Non-acceptance by Notified Stapled Fund Determination 2021

I, Usha Narain, Acting Deputy Commissioner of Taxation, make this determination under subsection 21(2) of the Superannuation Guarantee (Administration) Act 1992.

Usha Narain Acting Deputy Commissioner of Taxation Policy, Analysis and Legislation Law Design and Practice

8 October 2021

1. Name of instrument This determination is the Superannuation Guarantee (Administration) – Stapled Fund – Guidelines for the Reduction of an Employer's Individual Superannuation Guarantee Shortfall for Late Contributions Due to Non-acceptance by Notified Stapled Fund Determination 2021.

2. Commencement This instrument commences on 1 November 2021.

3. Application (1) This instrument applies to decisions by the Commissioner of Taxation (the Commissioner) about whether or not to reduce an employer's individual superannuation guarantee shortfall (shortfall) for an employee for a quarter for the purposes of subsection 19(2F) of the Superannuation Guarantee (Administration) Act 1992 (SGAA) where the conditions in subsection 19(2G) of the SGAA apply.

(2) This instrument does not apply to:

(a) the part of an employer's shortfall where the superannuation guarantee contributions made by an employer to a fund for an employee for a quarter do not otherwise reduce the employer's charge percentage to nil under sections 22 or 23 of the SGAA, or

(b) an increase to an employer's shortfall imposed by subsections 19(2A) and (2B) of the SGAA because the employer did not make the superannuation guarantee contributions to a fund that complies with the choice of fund requirements.