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A123(Initiate)Initiate
12 Feb 2025

Background:

We have a member who has maximised their concessional contributions (inclusive of catch up contribution caps) in the 22/23 financial year however they unknowingly exceeded the concessional contribution cap by $16.

In the same financial year they also made a Non-concessional contribution of $110k.


The issue however is that the excess $16 concessional contribution (Which we were not aware of until now) has been treated as non-concessional by the ATO, so it has triggered bring forward in the 22/23 financial year.

As we were not aware of the excess $16 until now, the member made a Non-concessional contribution of $330k in the 23/24 financial year. It was intended to trigger the bring forward in the 23/24 financial year not the 22/23 financial year due to the excess $16.


Question:

Is there a way to go back and have the excess $16 treated as excess concessional contribution and either released or the member can pay tax on the additional, rather than it being treated as a non-concessional contribution?


The concessional contribution was made to a SMSF which has since been closed so not sure if that further complicates matters.

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209 views
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Bruce4Tax(Taxicorn)Taxicorn
12 Feb 2025

Best to try for a release - does not have to be from the same fund ( last time I looked)


the member can pay tax on the additional, rather than it being treated as a non-concessional contribution?


No - see below, from

https://www.ato.gov.au/individuals-and-families/super-for-individuals-and-families/super/growing-and-keeping-track-of-your-super/caps-limits-and-tax-on-super-contributions/concessional-contributions-cap


If you release 85% of your ECC, none of it will:

  • be treated as non-concessional contributions
  • count towards your non-concessional contributions cap.

If you release less than 85% of your ECC, some or all your ECC will:

  • still be treated as non-concessional contributions, and
  • count towards your non-concessional contributions cap.



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Most helpful reply

Bruce4Tax(Taxicorn)Taxicorn
12 Feb 2025

Best to try for a release - does not have to be from the same fund ( last time I looked)


the member can pay tax on the additional, rather than it being treated as a non-concessional contribution?


No - see below, from

https://www.ato.gov.au/individuals-and-families/super-for-individuals-and-families/super/growing-and-keeping-track-of-your-super/caps-limits-and-tax-on-super-contributions/concessional-contributions-cap


If you release 85% of your ECC, none of it will:

  • be treated as non-concessional contributions
  • count towards your non-concessional contributions cap.

If you release less than 85% of your ECC, some or all your ECC will:

  • still be treated as non-concessional contributions, and
  • count towards your non-concessional contributions cap.



A123(Initiate)Initiate
12 Feb 2025

@Bruce4Tax


Sorry to clarify, do you mean to try for a release of the $16 as an excess concessional contribution?


How would we go about getting the ATO to treat is as an excess Concessional contribution, rather than treating it as a Non-concessional contribution, as they have done?

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