I completed a Notice of Intention to Claim, with the advise from my super that I could submit a variation at later date. The super company will now not allow a variation and I have been told by the ATO that I can not get the tax back from them and the super company will not assist. What steps are open for me to retrieve the tax amount sent to the ATO by my super company.
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Ask the super for what reason you can't?
If there's no problem with the deadline or other conditions, I think you should be able to vary it
"You must give a notice of intent to claim or vary a deduction to your fund by the earlier of either the:
- day you lodge your tax return for the year in which you made the contributions
- end of the income year following the one in which you made the contributions."
"You can't vary your notice of intent if:
- you're no longer a member of the fund or the holder of a retirement savings account
- the trustee
- no longer holds the contribution
- has begun to pay a super income stream based wholly or in part on the contribution."
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