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TaxCurious(Newbie)Newbie
20 Apr 2026

A taxpayer is over 60, retired and has a superannuation account in accumulation phase. Can they withdraw $30,000 from the account; then contribute the $30,000 back into the superannuation account, then submit a notice of intent to claim the full $30,000 as a tax deduction against other income.

Is this legal?

69 views
4 replies
69 views
4 replies

All replies

RachelATO(Community Moderator)Community Moderator
21 Apr 2026

Hi @TaxCurious,


To claim a deduction for a personal super contribution, the super fund must still hold that contribution when the notice of intent to claim a deduction is given. If you withdraw your entire super interest before lodging the notice, the notice will be invalid and no deduction can be claimed. If only part of the super interest is withdrawn, any deduction is limited to the amount of the contribution that remains in the fund.


Before claiming a deduction, you'd need to consider the impact on contribution caps and any broader tax or benefit consequences.


TaxCurious(Newbie)Newbie
21 Apr 2026

Dear RachelATO

Thanks for your reply - it is really helpful. It would be great to get this teased out a little. I have included a couple of examples - with the style inspired by the ATO's website. It would be great to get comments on these.


Thanks


Mary is 62 and has $70,000 in an accumulation account. Mary does the following in the same financial year:

  1. deposits $30,000, balance become $100,000; then
  2. submits a notice of intent to claim the full $30,000 as a tax deduction
  3. observes that her super fund has withdrawn $4,500 of her super balance to remit to the ATO as contributions tax, making her balance $95,500
  4. withdraws $30,000.

Now Mary has a balance in super of $95,500 and a tax deduction of $30,000 that she can apply against income she earned in the year in the financial year in which she made the contribution.


Is this correct?


Bill is 62 and has $70,000 in an accumulation account. Bill does the following in the same financial year:

  1. deposits $30,000, balance become $100,000; then
  2. withdraws $30,000 from his account, so the balance becomes $70,000; then
  3. submits a notice of intent to claim a tax deduction for his contribution;

I don't know how much Bill can claim a deduction for? Is it:

  1. Bill can claim the full $30,000 as a deduction (because the $30,000 that Bill deposited is still in the account and the $30,000 he withdrew comes out of the $70,000 that was already in the account, so his remaining $70,000 balance is comprised of $40,000 "old" money plus $30,000 "new" money (less $4,500 contributions tax))? or
  2. Bill can claim $0 as a deduction (as he has withdrawn the $30,000 he put deposited)? or
  3. Bill can claim a deduction for $21,000 (because the withdrawal is pro-rated against his balance - the $30000 represents 30% of his balance, so 30% of his withdrawal comes from the "new" money and 70% from the "old" money)?
  4. Bill can claim something else, based on an the line above "If only part of the super interest is withdrawn, any deduction is limited to the amount of the contribution that remains in the fund."

Thanks for any comments.


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Can you withdraw and reinvest super and claim tax deduction? | ATO Community