CSC \ Military Super - PAYG Payment Summarys (FY 2021)

Trent Morrison-Francis made this Freedom of Information request to Australian Taxation Office as part of a batch sent to 2 authorities

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Trent Morrison-Francis

Dear Australian Taxation Office,

The CSC website currently states the following "If you are in receipt of a Military Invalidity benefit and you are claiming the Disability Superannuation Tax Benefit (DSB) the ATO is in the process of providing CSC with a formula to apply the DSB to the annualised figures in your PAYG Payment Summary. Once CSC receives the formula we will endeavour to have your PAYG Payment Summary uploaded and sent to you, and reported to the ATO, by 14 August."

Furthermore in a response the Australian Taxation Office in FOI request 1-PMJUMS7 clearly states the following "Also on 11 February 2021, the Commissioner of Taxation provided an exemption, to CSC, from issuing PAYG payment summaries that are required under section 16-165 of Schedule 1 to the Taxation Administration Act 1953 within 14 days, in respect of certain superannuation lump sum payments made to members of specified superannuation schemes. Instead, the CSC will be required to issue a single PAYG payment summary within 14 days after the end of the financial year to the member covering total superannuation lump sum payments made, total tax withheld and any other reportable components for the financial year. "

As CSC is claiming that the ATO is yet to provide the "Formula" to CSC required to calculate the relevant fields on affected veterans 2021 PAYG Summary's please provide the following documents that your agency has on hand
1. The notification to CSC from the ATO stating that they need a "seperate" for formula
to calculate the required fields on affected Veterans PAYG Summary's
2. Correspondence from the ATO providing the formula that CSC claims it requires
3. The formula that CSC claims it requires
4. Any document's held by your agency that supports that the ATO has provided approval \ exemption to issue the payment Summary and upload the EMPDUP outside the legislated 14 days required
5. All notes and minutes from any discussions with CSC and ATO in relation the Douglas matter.
6. Any other documents your agency holds that can support or refute either the ATO or CSC's statements in detailed above.

Australian Taxation Office

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Trent Morrison-Francis

Dear Australian Taxation Office,

## Resend ##

The CSC website currently states the following "If you are in receipt of a Military Invalidity benefit and you are claiming the Disability Superannuation Tax Benefit (DSB) the ATO is in the process of providing CSC with a formula to apply the DSB to the annualised figures in your PAYG Payment Summary. Once CSC receives the formula we will endeavour to have your PAYG Payment Summary uploaded and sent to you, and reported to the ATO, by 14 August."

Furthermore in a response the Australian Taxation Office in FOI request 1-PMJUMS7 clearly states the following "Also on 11 February 2021, the Commissioner of Taxation provided an exemption, to CSC, from issuing PAYG payment summaries that are required under section 16-165 of Schedule 1 to the Taxation Administration Act 1953 within 14 days, in respect of certain superannuation lump sum payments made to members of specified superannuation schemes. Instead, the CSC will be required to issue a single PAYG payment summary within 14 days after the end of the financial year to the member covering total superannuation lump sum payments made, total tax withheld and any other reportable components for the financial year. "

As CSC is claiming that the ATO is yet to provide the "Formula" to CSC required to calculate the relevant fields on affected veterans 2021 PAYG Summary's please provide the following documents that your agency has on hand
1. The notification to CSC from the ATO stating that they need a "seperate" for formula
to calculate the required fields on affected Veterans PAYG Summary's
2. Correspondence from the ATO providing the formula that CSC claims it requires
3. The formula that CSC claims it requires
4. Any document's held by your agency that supports that the ATO has provided approval \ exemption to issue the payment Summary and upload the EMPDUP outside the legislated 14 days required
5. All notes and minutes from any discussions with CSC and ATO in relation the Douglas matter.
6. Any other documents your agency holds that can support or refute either the ATO or CSC's statements in detailed above.

FOI, Australian Taxation Office

1 Attachment

Dear FOI Applicant,
 
Please see attachment.
 
 
Yours faithfully,
 
FOI Team
 
 

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FOI, Australian Taxation Office

1 Attachment

 

 

Dear FOI Applicant,

 

 

Please see above attachment.

 

 

Yours faithfully,

 

 

FOI Team

 

 

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Trent Morrison-Francis

Dear FOI,

Your request can not be agreed to at this time. If you require further time I suggest you use other mehinisims allowed under the act such as applying to OAIC.

This is due to the apparent misinformation coming from either the ATO or CSC about these matters I am of the view that these matters are urgent in nature.

Yours sincerely,

Trent Morrison-Francis

Trent Morrison-Francis

Dear FOI,

Please identify why this request has not been actioned.

I did not provide you with consent to extend the timeframe, the OAIC has not provided an extension to the timeframe and this was due yesterday.

I intend to lodge an internal review however I would ask that you respond before I lodge that incase we can come to an agreement

Yours sincerely,

Trent Morrison-Francis

FOI, Australian Taxation Office

1 Attachment

 

Dear FOI Applicant,

 

 

Please see above attachment.

 

 

 

Yours faithfully,

 

 

 

FOI Team

**********************************************************************

IMPORTANT

    The information transmitted is for the use of the intended

recipient only and may contain confidential and/or legally

privileged material. Any review, re-transmission, disclosure,

dissemination or other use of, or taking of any action in

reliance upon, this information by persons or entities other

than the intended recipient is prohibited and may result in

severe penalties. If you have received this e-mail in error

please notify the Privacy Hotline of the Australian Taxation

Office, telephone 1300 661 542 and delete all copies of this

transmission together with any attachments.

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Shelley Napper,

5 Attachments

Our reference: RQ21/02296

Agency reference: 1-Q4FX2EC

Mr Trent Morrison-Francis

Sent by email: [1][FOI #7563 email]

Extension of time application by Australian Taxation Office

Dear Mr Morrison-Francis

 

I write to advise that on 18 August 2021, the Office of the Australian
Information Commissioner (the OAIC) received an application from the
Australian Taxation Office (the ATO) for an extension of time, to process
your FOI request of 17 July 2021.

 

The ATO has applied for an extension of time under s 15AC of the Freedom
of Information Act 1982 (Cth) because it has been unable to finalise your
request within the initial decision period.

 

The ATO has advised the OAIC that:

 

o the scope of the FOI request includes 6 parts relating to
communications between the ATO and another government agency
o the ATO attempted to obtain your agreement to an extension of time
under s 15AA of the FOI Act, however you refused to agree to an
extension of time
o identification of the relevant documents was delayed by the COVID
related lockdown that required a key ATO officer to work from home,
and as such was unable to search hardcopy documents which were kept in
the ATO Office. The relevant officer has since been permitted to
return the ATO Office and has conducted the relevant searches
o the ATO is conducted consultation with another government agency, and
o as such, further time is required to finalise the ATO’s decision.

 

The ATO has requested an extension to 7 September 2021. I will take any
comments you may have to make into account when deciding the application.

 

Please respond to this email by close of business 23 August 2021. If I do
not hear from you by this date, I will proceed to make a decision on the
basis of the information provided to me by the ATO.

 

You will be notified of the decision once the matter has been finalised.

 

Further information about extension of time requests may be found on our
website at [2]Extensions of time.

Contact

If you have any questions, please contact me on (02) 9284 9721 or via
email [3][email address]. In all correspondence please include
reference number at the top of this email.

 

Kind regards

 

[4][IMG]   Shelley Napper  |  Assistant
Director

Investigations and Compliance

Freedom of Information
Regulatory Group

Office of the Australian
Information Commissioner

GPO Box 5218 Sydney NSW 2001  |
 [5]oaic.gov.au

+61 2 9284 9721  | 
[6][email address]
[10]Subscribe [11]Subscribe to
[7]Facebook | [8]LinkedIn | [9]Twitter |   icon Information
Matters

 

 

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Trent Morrison-Francis

Dear Shelley Napper,

Ms Napper, this matter is an ongoing fight between veterans and CSC and the ATO.

I refer you to the several requests on right to know from CSC that have just been ignored and never processed.

As the ATO now has all the information it needs I would approve an extension of 7 days from today. Anything over that would not be in the public interest and will result in further processing delays of veterans Tax and other benefits.

Yours sincerely,

Trent Morrison-Francis

Shelley Napper,

6 Attachments

Our reference: RQ21/02296

Agency reference: 1-Q4FX2EC

Mr Trent Morrison-Francis

 

Sent by email: [1][FOI #7563 email]

Extension of time under s 15AC

Dear Mr Morrison-Francis

 

I refer to our previous correspondence in relation to this matter.

 

Please find attached a decision of today’s date.

 

Kind regards

 

[2][IMG]   Shelley Napper  |  Assistant
Director

Investigations and Compliance

Freedom of Information
Regulatory Group

Office of the Australian
Information Commissioner

GPO Box 5218 Sydney NSW 2001  |
 [3]oaic.gov.au

+61 2 9284 9721  | 
[4][email address]
[8]Subscribe [9]Subscribe to
[5]Facebook | [6]LinkedIn | [7]Twitter |   icon Information
Matters

 

 

-----Original Message-----
From: Trent Morrison-Francis
<[FOI #7563 email]>
Sent: Sunday, 22 August 2021 9:10 AM
To: Shelley Napper <[email address]>
Subject: Re: RQ21/02296 - Extension of time application by Australian
Taxation Office - Consultation [SEC=OFFICIAL]

 

CAUTION: This email originated from outside of the organization. Do not
click links or open attachments unless you recognise the sender and know
the content is safe.

 

 

Dear Shelley Napper,

 

 

 

Ms Napper, this matter is an ongoing fight between veterans and CSC and
the ATO.

 

 

 

I refer you to the several requests on right to know from CSC that have
just been ignored and never processed.

 

 

 

As the ATO now has all the information it needs I would approve an
extension of 7 days from today. Anything over that would not be in the
public interest and will result in further processing delays of veterans
Tax and other benefits.

 

 

 

Yours sincerely,

 

 

 

Trent Morrison-Francis

 

 

 

-----Original Message-----

 

 

 

Our reference: RQ21/02296

 

 

 

Agency reference: 1-Q4FX2EC

 

 

 

Mr Trent Morrison-Francis

 

 

 

Sent by email: [1][FOI #7563 email]

 

 

 

Extension of time application by Australian Taxation Office

 

 

 

Dear Mr Morrison-Francis

 

 

 

 

 

 

 

I write to advise that on 18 August 2021, the Office of the Australian

 

Information Commissioner (the OAIC) received an application from the

 

Australian Taxation Office (the ATO) for an extension of time, to process

 

your FOI request of 17 July 2021.

 

 

 

 

 

 

 

The ATO has applied for an extension of time under s 15AC of the Freedom

 

of Information Act 1982 (Cth) because it has been unable to finalise your

 

request within the initial decision period.

 

 

 

 

 

 

 

The ATO has advised the OAIC that:

 

 

 

 

 

 

 

o the scope of the FOI request includes 6 parts relating to

 

communications between the ATO and another government agency

 

o the ATO attempted to obtain your agreement to an extension of time

 

under s 15AA of the FOI Act, however you refused to agree to an

 

extension of time

 

o identification of the relevant documents was delayed by the COVID

 

related lockdown that required a key ATO officer to work from home,

 

and as such was unable to search hardcopy documents which were kept in

 

the ATO Office. The relevant officer has since been permitted to

 

return the ATO Office and has conducted the relevant searches

 

o the ATO is conducted consultation with another government agency, and

 

o as such, further time is required to finalise the ATO’s decision.

 

 

 

 

 

 

 

The ATO has requested an extension to 7 September 2021. I will take any

 

comments you may have to make into account when deciding the application.

 

 

 

 

 

 

 

Please respond to this email by close of business 23 August 2021. If I do

 

not hear from you by this date, I will proceed to make a decision on the

 

basis of the information provided to me by the ATO.

 

 

 

 

 

 

 

You will be notified of the decision once the matter has been finalised.

 

 

 

 

 

 

 

Further information about extension of time requests may be found on our

 

website at [2]Extensions of time.

 

 

 

Contact

 

 

 

If you have any questions, please contact me on (02) 9284 9721 or via

 

email [3][email address]. In all correspondence please include

 

reference number at the top of this email.

 

 

 

 

 

 

 

Kind regards

 

 

 

 

 

 

 

[4][IMG]   Shelley Napper  |  Assistant

 

Director

 

 

 

Investigations and Compliance

 

 

 

Freedom of Information

 

Regulatory Group

 

 

 

Office of the Australian

 

Information Commissioner

 

 

 

GPO Box 5218 Sydney NSW 2001  |

 

  [5]oaic.gov.au

 

 

 

+61 2 9284 9721  | 

 

[6][email address]

 

[10]Subscribe [11]Subscribe to

 

[7]Facebook | [8]LinkedIn | [9]Twitter |   icon Information

 

Matters

 

 

 

 

 

 

 

 

 

 

 

References

 

 

 

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FOI, Australian Taxation Office

1 Attachment

Dear FOI Applicant,
 
Please see attachment.
 
 
 
Yours faithfully,
 
FOI Team
 
 
 

**********************************************************************

IMPORTANT

    The information transmitted is for the use of the intended

recipient only and may contain confidential and/or legally

privileged material. Any review, re-transmission, disclosure,

dissemination or other use of, or taking of any action in

reliance upon, this information by persons or entities other

than the intended recipient is prohibited and may result in

severe penalties. If you have received this e-mail in error

please notify the Privacy Hotline of the Australian Taxation

Office, telephone 1300 661 542 and delete all copies of this

transmission together with any attachments.

*********************************************************************

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