Hi community
tax has been paid in error on non-concessional personal superannuation contributions that are within the allowable caps. Can someone advise how do I go about seeking a refund?
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Thanks Bruce4Tax
I did that. I initially made a mistake in thinking I needed to pay tax, but I didn't. They advised "...The cut-off date to vary an amount to be claimed as a tax deduction for contributions received in the 2021/22 financial year was 30 June 2023. We received you notice on 10 August 2023 to vary your previous notice in relation to the 2021/22 financial year. As this Notice was received after 30 June 2023, it was invalid and could not be processed.
You may wish to contact the ATO to determine what options may be available to you..."
Not sure what to do other than to write to the ATO outlining the details and seek a refund?
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You need to talk to the fund manager about that.
Just a thought here ...
If your super fund has not begun to pay you a pension from those contributions, then you may be able to make a claim in your relevant income tax return for those contributions and then after the notice of assessment has issued contact or request the ATO to disallow the claim. Once a claim is disallowed the time limits to lodge a variation no longer apply so long as the Fund has not begun to pay a pension.
If you have already lodged the relevant income tax return, then amend it or get it amended and once the amended assessment issues request the ATO to disallow that super contribution claim.
Once the claim has been disallowed, and your fund has not begun to pay a pension from those specific contributions, you can get back to your fund with evidence that it has been disallowed (amended notice of assessment and maybe a letter from ATO) and they then should allow your request for a variation.
The legislation states "disallowed", but not sure how any super fund would know for sure by looking at a notice of amended assessment whether it was disallowed or amended, having said that how you approach this issue is up to yourself.
Please note - "fund has begun to pay a pension" in this context has a different meaning to commenced a pension... , well so I have been told by ATO front line officers whom cotacted a specialist whislt I was on hold.
Let us know how you go with this.
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