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23 Apr 2023

I turned 75 in February the 2022-23 financial year. I was under the impression that provided I was under 75 at the start of the financial year I would be able to make non-concessional contributions and trigger the bring-forward arrangement. My understanding was based on an example on the ATO website:


Example: eligible for the bring-forward arrangement

Bernard is 74 years old on 1 July 2022. His non-concessional contributions cap for 2022–23 is $110,000. His total super balance at 30 June 2022 is $800,000.

Bernard's age makes him eligible for the bring-forward arrangement.

During the financial year he made the following non-concessional contributions to his super fund:

  • $75,000 in October 2022
  • $75,000 in April 2023.

Bernard has triggered the bring forward arrangement.

End of example


The same web page also says:


For the 2022–23 financial year and later years, to access the non-concessional bring-forward arrangement you must meet all these conditions. You:

  • are under 75 years old for at least one day during the triggering year (the first year)


The example reflects my situation (although it doesn't indicate when Bernard turns 75) but my super fund says they cannot accept my contributions because it is more than 28 days since the end of the month in which I turned 75.


Is my superannuation fund's interpretation of the rules correct of should I be allowed to make non-concessional contributions.



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Bruce4Tax(Taxicorn)Taxicorn
23 Apr 2023

The example reflects my situation (although it doesn't indicate when Bernard turns 75) but my super fund says they cannot accept my contributions because it is more than 28 days since the end of the month in which I turned 75.


Is my superannuation fund's interpretation of the rules correct of should I be allowed to make non-concessional contributions.


No - the example could have been worded better.


Your fund is correct - it is the law, not a fund issue.


Clearer here:


For a member turning 75, contributions must be received no later than 28 days after the end of the month they turn 75.

https://www.ato.gov.au/Super/Self-managed-super-funds/Contributions-and-rollovers/Contributions-you-can-accept/


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Most helpful reply

Bruce4Tax(Taxicorn)Taxicorn
23 Apr 2023

The example reflects my situation (although it doesn't indicate when Bernard turns 75) but my super fund says they cannot accept my contributions because it is more than 28 days since the end of the month in which I turned 75.


Is my superannuation fund's interpretation of the rules correct of should I be allowed to make non-concessional contributions.


No - the example could have been worded better.


Your fund is correct - it is the law, not a fund issue.


Clearer here:


For a member turning 75, contributions must be received no later than 28 days after the end of the month they turn 75.

https://www.ato.gov.au/Super/Self-managed-super-funds/Contributions-and-rollovers/Contributions-you-can-accept/


23 Apr 2023

Thanks, Bruce. I was pretty much expecting that outcome. When I researched this last year I'm sure there was no mention of the 28 day clause. Certainly not one I came upon. Was the 28 day clause a later addition to the legislation, do you know?


Serves me right for dragging the chain on making the contributions but the wording of that example lulled me into a false sense of security.

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Non-concessional Super Contributions person turning 75 during 2022-23 | ATO Community