Report by Senator Lyn Allison

27th Report of the Senate Select Committee on Superannuation
CONTENTS

Report by Senator Lyn Allison

Australian Democrats

1. The Committee's Inquiry into the Superannuation Contributions Tax Amendment Bills has been an extremely difficult process. Because of the timeline imposed by the Government, the Australian Democrats believe that the Committee has not been given sufficient time and sufficient evidence to properly review the administrative problems of implementing the Higher Income Earners Superannuation Tax Surcharge.

2. Evidence presented to the Committee by ASFA, Jacques Martin, Coopers & Lybrand and others indicated that fund administrators and trustees are having some serious difficulties in implementing the surcharge. Problems identified included:

3. It must be remembered that the collective mechanism used for the tax surcharge is not the one recommended by this Committee in its 23rd report. The Committee, following the strong submissions from the superannuation industry, employer groups, unions and ACOSS, recommended that the best means of collecting the tax surcharge was direct from employees through group certificates. [5]

4. The Government rejected that recommendation and insisted on a collection mechanism through superannuation funds, despite concerns that this would greatly add to the administrative costs of the funds and inadvertently leave many workers paying the surcharge for failing to provide tax file numbers.

5. The Government however, did signal a willingness to remain open to proposals to modify any administrative problems which emerged in implementation of the surcharge. The Treasurer made this commitment quite clear to me in a meeting involving myself and the Leader of the Australian Democrats prior to the Senate voting on the legislation. The legislation is now six months old and the Government has brought forward its first set of amendments to fix teething problems with the implementation of its legislation.

6. However, it is clear from the evidence presented to the Committee that the amendments presented by the Government in its bill fall far short of what is required to raise the legislation to its highest level of workability.

7. The Australian Democrats are strong supporters of the intent of the Government in making sure that the excessive tax concessions available to high income earners on superannuation be wound back. We are strong supporters of the intent of the Tax Surcharge and always have been. But, we want to see legislation which ensures that innocent workers are not caught in its net, that the administration costs of the funds do not skyrocket as a result and that the implementing legislation is sufficiently understandable and workable to ensure that it engenders confidence in the underlying policy.

8. On the evidence submitted to the Committee, and based on the paucity of the responses provided to the Committee by the Government, the Australian Democrats are not persuaded that the Government has done all that it could have done to make this legislation workable with this package of bills. In our view, more work is needed to properly respond to the problems identified by industry and to ensure that compliance costs with what is a very complex piece of tax legislation are minimised.

9. The following items in particular need to be addressed by Government. The list is not exhaustive, but covers what we believe are the more significant problems identified by the Committee in its evidence:

10. The Australian Democrats believe that the Government needs to address these issues and the other issues raised by industry representatives. We believe industry is justified in many of the complaints that they have made about the workability of the legislation as it stands, and share industry's concern to see the legislation work better. We have been persuaded that industry is simply trying to work with a piece of highly complex and complicated legislation and to ensure that the costs to the members of their funds are minimised.

11. We are conscious of the desire of the Government to have this legislation in place prior to the December 15 deadline. We wish to signal quite clearly that we are prepared to pass this legislation when we are satisfied that the Government has properly dealt with the legitimate concerns about the implementation of the Tax Surcharge raised with this Committee.

Australian Democrats recommendations:

That the reporting date for defined benefits funds for 1997 be deferred from December 15, 1997 to March 1, 1998;

That the Senate defer consideration of these bills for three weeks and require the Government to hold a further round of genuine consultations with industry about the issues raised in this report with a clear commitment to reduce the funds' costs of complying with the legislation;

That the Government appoint an independent expert to review the legislation with a view to further reducing the compliance costs for the superannuation industry consistent with protecting the revenue, and that the expert report be tabled in both Houses of Parliament no later than June 30, 1998.

(signed)

Senator Lyn Allison

Footnotes

[1] Evidence, 28/10/97, S15.

[2] Evidence, 28/10/97, S29.

[3] Evidence, 28/10/97, S74.

[4] Evidence , 28/10/97, S54.

[5] 23rd Report, p.91.