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yingzeli(Newbie)Newbie
29 Feb 2024

I was with HostPlus Fund and made a personal Super contribution in FY2022. I submitted "Notice of intent to claim" for the amount I contributed and was acknowledged by HostPlus as processed.

 

I then closed out the HostPlus account since we have just established a SMSF and need the fund for investment.

 

Early 2023 when I was preparing my tax return for FY2022, my accountant advised that there is no need for the "Notice of Intent to claim" since there is not enough taxable incoming to cover the contribution. Personal Tax return FY2022 was lodged and processed by ATO just fine.

 

Now I want to amend the personal contribution for FY2022 to Zero, so I submitted a new "Notice of intent to claim (variation section completed)" to Hostplus. Since I am not a current member of HostPlus, they will not process the variation part at all. Hostplus has asked me to contact my current Super which is SMSF.

 

I am the trustee of SMSF and in submitting the SMSF Super tax return for FY2023, I told my accountant about the variation form received from member (myself) for FY2022. She says since the SMSF was non-existing in FY2022, she may not be able to do anything.

 

Now ATO does not accept Notice of intent (variation) in its raw format, Accountant has no way to claim contribution tax paid during FY2022 by Hostplus since SMSF was non-existing in FY2022.

 

What is my position here as taxpayer and/or SMSF trustee ?

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746 views
7 replies

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Most helpful reply

Bruce4Tax(Taxicorn)Taxicorn
29 Feb 2024

I am the trustee of SMSF and in submitting the SMSF Super tax return for FY2023, I told my accountant about the variation form received from member (myself) for FY2022. She says since the SMSF was non-existing in FY2022, she may not be able to do anything.

 

SMSF did not receive the 2022 contribution, so nothing can be done there.


Now ATO does not accept Notice of intent (variation) in its raw format, Accountant has no way to claim contribution tax paid during FY2022 by Hostplus since SMSF was non-existing in FY2022.


Correct.


What is my position here as taxpayer and/or SMSF trustee ?


You are not in a position to do anything.


All replies

Most helpful reply

Bruce4Tax(Taxicorn)Taxicorn
29 Feb 2024

I am the trustee of SMSF and in submitting the SMSF Super tax return for FY2023, I told my accountant about the variation form received from member (myself) for FY2022. She says since the SMSF was non-existing in FY2022, she may not be able to do anything.

 

SMSF did not receive the 2022 contribution, so nothing can be done there.


Now ATO does not accept Notice of intent (variation) in its raw format, Accountant has no way to claim contribution tax paid during FY2022 by Hostplus since SMSF was non-existing in FY2022.


Correct.


What is my position here as taxpayer and/or SMSF trustee ?


You are not in a position to do anything.


yingzeli(Newbie)Newbie
29 Feb 2024

Thanks for quick response,


So the contribution tax paid by Hostplus may not be claimed back ? I did not know that ATO will keep the tax not entitled.

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Notice of intent to claim (variation) - member exited original fund already | ATO Community