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PKL(Enthusiast)Enthusiast
17 Aug 2021

I have been a member of the federal government's PSS Defined Benefit Super Fund since 2001, and with a super balance of $441K as at June 30 2021.

Because the PSS is a Defined Benefit fund I am aware I am unable to make extra contributions into it to aid my retirement, so on the 29th of January this year (ie during the 2020-2021 financial year) I opened a second super account, a PSSap account running alongside the PSS account so I could start contributing extra to super.

Shortly after opening the PSSap account I learned about the Carry-forward unused concessional contributions provision for the first time, and using MyGov linked to the ATO, I saw I had a total of $42000 worth of unused concessional contributions 'accrued' from the 2018-2019, 2010-2020 and 2020-2021 financial years. Realizing it would be a good way to increase my super, on the 16th of June 2021 I made an after tax payment of this amount to the PSSap with the intent of claiming a tax deduction for this amount from my 2020-2021 tax return, (effectively converting this non concessional contribution into a concessional contribution).

Last week I submitted a Notice of Intent form to the PSSap advising that I would like to claim the $42000 as a deduction and I am presently waiting for the acknowledgment before I complete and submit my 2020-2021 tax return.

Keep in mind that prior to making this $42000 contribution to the PSSap my total super balance (PSS and PSSAP combined balance) was below $500K which I believe is the maximum amount someone can have in their super fund(s) wanting to take advantage of the the Carry-forward unused concessional contributions rule? When is the $500K maximum cap of 500K calculated? Is it at the time the contribution is made or is it on June 30 of the financial year in which it is made?

And this is where I think I may have made a mistake. After listening to a Sydney talkback radio program where a financial advisor was discussing superannuation and the benefits of making a non concessional contribution prior to the end of the financial year (ie June 30) I made a second after tax (ie non concessional) member voluntary contribution of $88000 to the PSSap on June 18 2021. I do not intend to claim a deduction for this contribution, it will remain a non concessional contribution.

I didn't think any more of it up until a few days ago when I was filling out a Notice of Intent form to advise the PSSap that I wish to claim the $42000 as a deduction (I am presently waiting for the acknowledgment before I complete and submit my tax return) that I realised that by making this second payment of $88000 (which is a non concessional contribution) I may have unwittingly put my total super balance over the $500K limit - ie above the $500K cap.

Have I exceeded the cap? And if I have how do I rectify this error with the ATO to avoid 'paying all this extra tax' I keep hearing about?

1,453 views
9 replies
1,453 views
9 replies

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Most helpful reply

Glenn4802(Devotee)Devotee
18 Aug 2021

From the information you have provided your total super balance at 30 June 2020 was $406,000. This means that you are able to use carry forward concessional contribution amounts from the 2019 and 2020 financial years.

What is not clear is whether you will exceed the concessional contributions cap by claiming a deduction for $42,000 of personal contributions. Your concessional contribution cap for for the 2021 year is $25,000 plus your unused amounts from the 2019 and 2020 years. This cap amount will be reduced by the $6,600 salary sacrifice contributions and a value relating to PSS employer contributions for the 2021 year.

You will need to have PSS confirm the amount of employer contributions, other than salary sacrifice amounts, that count towards your concessional contributions cap.

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PKL(Enthusiast)Enthusiast
17 Aug 2021

Just to clarify, As at June 30 2021 my PSS fund had a balance of $441000 and my newly opened PSSap account a balance of $142000, made up of the $42000 payment (made on the16th of June 2021 and for which I intend to claim the tax deduction) and the $88000 payment (made on the 18th of June 21) after taking the advice from the radio program. It seems that by making that second contribution of $88000 I have exceeded the maximum super balance cap of $500000 across all funds to be able to make use of the Carry-forward unused concessional contributions provision? This from the ATO website:

To use your unused cap amounts you need to meet two conditions:

  • Your total super balance at the end of 30 June of the previous financial year is less than $500,000.
  • You made concessional contributions in the financial year that exceeded your general concessional contributions cap.

If this is the case I'm so annoyed with myself because I was being so careful to make sure I did it correctly. If it's incorrect what do I need to do to rectify it? Here is a reply to an earlier question I had on this forum seeking clarity on this matter before I made these two contributions in June 2021.

https://community.ato.gov.au/t5/General-super-questions/Maximising-my-super-contributions-for-this-financial-year/m-p/143478

I am just so confused...

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