“Exemption to ignore PAYG Rules” - Military Super

Trent Morrison-Francis made this Freedom of Information request to ComSuper 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.

ComSuper did not have the information requested.

Trent Morrison-Francis

Dear ComSuper,

In complaint letter responses from Commonwealth Superannuation Corporation is advising the following

“ We understand that this may be frustrating for you. Please be assured that we are endeavouring to update our systems as quickly as possible so we can withhold amounts for tax in accordance with the Decision. We hold an exemption for this financial year.”

Please provide a copy of all documents that shows that the Commissioner of Taxation or other authority has provided Commonwealth superannuation with an exception to comply with the Douglas ruling in relation to Military Super for the financial years.

Yours faithfully,

Trent Morrison-Francis



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CSC: AFSL 238069 ABN 48 882 817 243 RSE L0001397
ADF Super : RSE R1077063
CSS: RSE R1004649
MSBS: RSE R1000306
PSS: RSE R1004595
PSSap: RSE R1004601

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Good afternoon Mr Morrison-Francis,

 

Thanks for your enquiry.

 

To assist with your own understanding, we are not saying that CSC has an
exemption to comply with the [1]Commissioner of Taxation v Douglas [2020]
FCAFC 220 ruling.  

 

As the communication you refer to mentions ‘as directed by the ATO, CSC
will report all applicable DFRDB and MilitarySuper invalidity benefit
payments that were made for the 2020/2021 Financial Year to the ATO as a
lump sum payments’. We would reiterate that CSC has an exemption to
implement the ruling in the 2020/21 financial year while we continue to
update our pension benefit payment system and apply the new tax rates.

 

You can locate more information here: [2]Tax Changes to Invalidity
Pensions (csc.gov.au)

 

We trust this clarifies the matter for you.

 

Best regards,

 

Adam Ivancic

Parliamentary and Information Release Coordinator

General Counsel Team

 

 

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Trent Morrison-Francis

Dear FOI,

No

We are wanting the documents that exist to support this clean “ exemption to implement the ruling in the 2020/21”

You have not provided the details

Yours sincerely,

Trent Morrison-Francis

2 Attachments

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Trent Morrison-Francis

Dear FOI,

No

We are wanting the documents that exist to support this clean “ exemption to implement the ruling in the 2020/21”

You have not provided the detailsdd

Yours sincerely,

Trent Morrison-Francis

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Trent Morrison-Francis

Dear FOI,

No

We are wanting the documents that exist to support this clean “ exemption to implement the ruling in the 2020/21”

You have not provided the detailsdd

Yours sincerely,

Trent Morrison-Francis...

Trent Morrison-Francis

Dear ComSuper,

Please take this as my internal review request as there is now a deemed refusal on this application, with not correspondence confirming why.

Yours faithfully,

Trent Morrison-Francis

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Trent Morrison-Francis

Dear ComSuper,

##Resend ##

Please take this as my internal review request as there is now a deemed refusal on this application, with not correspondence confirming why.

Yours faithfully,

Trent Morrison-Francis

2 Attachments

Good morning Mr Morrison-Francis,

 

Find attached our FOI decision.

 

Best regards,

 

Adam Ivancic

Parliamentary and Information Release Coordinator

General Counsel Team

[1]cid:image001.png@01D7B138.2D24A460

 

From: FOI
Sent: Thursday, 24 June 2021 2:41 PM
To: Trent Morrison-Francis <[FOI #7383 email]>
Cc: FOI <[email address]>
Subject: RE: Request (N8560156E)

 

Good afternoon Mr Morrison-Francis,

 

Thanks for your enquiry.

 

To assist with your own understanding, we are not saying that CSC has an
exemption to comply with the [2]Commissioner of Taxation v Douglas [2020]
FCAFC 220 ruling.  

 

As the communication you refer to mentions ‘as directed by the ATO, CSC
will report all applicable DFRDB and MilitarySuper invalidity benefit
payments that were made for the 2020/2021 Financial Year to the ATO as a
lump sum payments’. We would reiterate that CSC has an exemption to
implement the ruling in the 2020/21 financial year while we continue to
update our pension benefit payment system and apply the new tax rates.

 

You can locate more information here: [3]Tax Changes to Invalidity
Pensions (csc.gov.au)

 

We trust this clarifies the matter for you.

 

Best regards,

 

Adam Ivancic

Parliamentary and Information Release Coordinator

General Counsel Team

 

 

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