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Palmy55(Newbie)Newbie
1 July 2024

My employer has just advised they have been making incorrect over payments into my superannuation for the last 4 years.


This apparently stopped in 2023, but they only advised me now in June 2024.


This extra payments pushed my superannuation contributions over the yearly threshold, resulting in me having too pay additional tax each year.


My super fund also under performed and lost money, meaning approx 2 months ago I changed funds.


I have obviously been paying accounting fee’s on my super, withdrawn savings to pay cover additional super tax (thus meaning my home loan is higher than it should be) and I gather other taxable income conflicts.


My employee has requested a lump sum repayment from my super or from my sales commission.


Do I have to pay this back and what amount due to the financial impacts this has already and will cost me in future ?

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253 views
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Matt_ATO(Community Support)Community Support
3 July 2024

Howdy @Palmy55,


Hmmmm a tricky situation!! Super contributions allow for yearly overpayments, this is called bringing forward. When it comes to higher level tax bands Div 293 kicks in, the threshold for this is 250K, wage + super contributions. When it comes to this being reassessed due to over payment it's as simple as lodging an amended return for that year.


As for superfund fees and possibility of refunds for service and fees best to check with that specific superfund to see what their policies are.


Paying back an overpayment from an employer, might be best to touch base with the Fair Work Ombudsman.

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Most helpful reply

Matt_ATO(Community Support)Community Support
3 July 2024

Howdy @Palmy55,


Hmmmm a tricky situation!! Super contributions allow for yearly overpayments, this is called bringing forward. When it comes to higher level tax bands Div 293 kicks in, the threshold for this is 250K, wage + super contributions. When it comes to this being reassessed due to over payment it's as simple as lodging an amended return for that year.


As for superfund fees and possibility of refunds for service and fees best to check with that specific superfund to see what their policies are.


Paying back an overpayment from an employer, might be best to touch base with the Fair Work Ombudsman.

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Over payment of superannuation, breaking concessional limits and employee wants a refund | ATO Community