“Exemption to ignore PAYG Rules” - Military Super
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
------------------------------------------------------------------------------------------
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
-----Original Message-----
From: Trent Morrison-Francis
[mailto:[FOI #7383 email]]
Sent: Friday, 4 June 2021 6:01 PM
To: FOI <[email address]>
Subject: Request (N8560156E) MORRISON-FRANCIS, Trent
⚠ External Email : Please be cautious of links and attachments
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
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[3][FOI #7383 email]
Is [4][ComSuper request email] the wrong address for Freedom of Information
requests to ComSuper? If so, please contact us using this form:
[5]https://www.righttoknow.org.au/change_re...
This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:
[6]https://www.righttoknow.org.au/help/offi...
Please note that in some cases publication of requests and responses will
be delayed.
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
------------------------------------------------------------------------------------------
SECURITY WARNING
This electronic communication (including any attached files) may contain
confidential and/or legally privileged information and is intended only
for the use of the person to whom it is addressed. If you are not the
intended recipient, you do not have permission to read, use, disseminate,
distribute, copy or retain any part of this communication or its
attachments in any form. If this e-mail was sent to you by mistake, please
take the time to notify the sender so that they can identify the problem
and avoid any more mistakes in sending email to you. The unauthorised use
of information contained in this communication or its attachments may
result in legal action against any person who uses it.
------------------------------------------------------------------------------------------
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
------------------------------------------------------------------------------------------
References
Visible links
1. https://www.ato.gov.au/law/view/document...
2. https://www.csc.gov.au/retirement/pensio...
3. mailto:[FOI #7383 email]
4. mailto:[ComSuper request email]
5. https://www.righttoknow.org.au/change_re...
6. https://www.righttoknow.org.au/help/offi...
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
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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
This is the mail system at host righttoknow.org.au.
I'm sorry to have to inform you that your message could not
be delivered to one or more recipients. It's attached below.
For further assistance, please send mail to postmaster.
If you do so, please include this problem report. You can
delete your own text from the attached returned message.
The mail system
<[ComSuper request email]>: Host or domain name not found. Name service error for
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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...
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
This is the mail system at host righttoknow.org.au.
I'm sorry to have to inform you that your message could not
be delivered to one or more recipients. It's attached below.
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This is the mail system at host righttoknow.org.au.
I'm sorry to have to inform you that your message could not
be delivered to one or more recipients. It's attached below.
For further assistance, please send mail to postmaster.
If you do so, please include this problem report. You can
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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
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
-----Original Message-----
From: Trent Morrison-Francis
[[4]mailto:[FOI #7383 email]]
Sent: Friday, 4 June 2021 6:01 PM
To: FOI <[5][email address]>
Subject: Request (N8560156E) MORRISON-FRANCIS, Trent
⚠ External Email : Please be cautious of links and attachments
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
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[6][FOI #7383 email]
Is [7][ComSuper request email] the wrong address for Freedom of Information
requests to ComSuper? If so, please contact us using this form:
[8]https://www.righttoknow.org.au/change_re...
This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:
[9]https://www.righttoknow.org.au/help/offi...
Please note that in some cases publication of requests and responses will
be delayed.
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
------------------------------------------------------------------------------------------
SECURITY WARNING
This electronic communication (including any attached files) may contain
confidential and/or legally privileged information and is intended only
for the use of the person to whom it is addressed. If you are not the
intended recipient, you do not have permission to read, use, disseminate,
distribute, copy or retain any part of this communication or its
attachments in any form. If this e-mail was sent to you by mistake, please
take the time to notify the sender so that they can identify the problem
and avoid any more mistakes in sending email to you. The unauthorised use
of information contained in this communication or its attachments may
result in legal action against any person who uses it.
------------------------------------------------------------------------------------------
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
------------------------------------------------------------------------------------------
References
Visible links
2. https://www.ato.gov.au/law/view/document...
3. https://www.csc.gov.au/retirement/pensio...
4. mailto:[FOI #7383 email]
5. mailto:[email address]
6. mailto:[FOI #7383 email]
7. mailto:[ComSuper request email]
8. https://www.righttoknow.org.au/change_re...
9. https://www.righttoknow.org.au/help/offi...