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 ?