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11 Jul 08 On super surcharge "maladministration"

MEMBER 2 writes:

"In 2002, the ATO somehow doubled up on super contributions received by a super fund, by having 2 member accounts for the 1 member & thereby recording 2 amounts of identical contributions. This resulted in 2 surcharge assessments to the fund & a termination payments surcharge assessment for the member. The steps necessary to correct this error were undertaken in Oct 2007 after consultation with the ATO.

Today a fund member has received a threat of immediate legal action if his debt is not paid. The ATO confirms the receipt of a MCS in Oct 07 which will reduce the debt to $nil by removing the double up of contributions. BUT it won't be processed until October 2008! The icing on the cake is that when the very helpful ATO officer in the surcharge section tried to transfer me to the debt collection area, they refused to take my call on the basis that the assessment is due & it is irrelevant if it is incorrect. I know that but I wanted something noted on his file. All of my time will be charged to my client, he will pay & then we will seek full recovery from the ATO for maladministration.

Any future demand by the ATO to provide information within 14 or 28 days will be considered against the benchmark they themselves have set. 12 months to process a form is ridiculous."

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