Author: _rwandrall(Initiate)Initiate 16 Apr 2021
Hello,
I became a tax resident on January 2019 (and have a private ruling to support it). I did not work until August 2019 and thus had no employer contributions for super, nor did I have an opened super account.
The ATO does not report any unused concessional contribution cap for 2018-19. I called the ATO hotline and the person told me to file a request for correction via this form but I never had a SMSF nor am I trying to register concessional contributions (since I didnt make any). The ATO person's view was that, not having a super fund and not having made any concessional contributions during this financial year (2018-19), I am not eligible to the carry forward.
The person was not able to point me to the relevant piece of legislation or ATO ruling that would support my ineligibility, so I'm reaching out here to:
1) figure whether or not I am actually eligible to carry forward my unused concess. contributions (which I assume would have to be prorated based on the number of days I was a tax resident)
2) indicate how I can formally make a request to the ATO (to take a view or make the correction)
3) if all else fails, is a private ruling request relevant here?
Thank you.
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7 replies
Most helpful replyATO Certified Response
Author: JodieR_ATO(Community Support)Community Support ATO Certified Response19 Apr 2021
Hi @rwandrall,
The form you were advised of is incorrect. To use your unused cap amounts you need to meet two conditions:
- Your 'total super balance' at the end of 30 June of the previous financial year is less than $500,000.
- You made concessional contributions in the financial year that exceeded your general concessional contributions cap.
The amount of unused cap amounts you will be able to carry-forward will depend on the amount you have contributed in previous years, starting from 2018–19. You can use caps from up to five previous financial years.
I've included 2 legal database links below, I cannot see anything that advises you can't apply the carry-forward concession. Generally it is automatic on our behalf, we would allow the extra contributions to be included in the financial year following, as long as the two conditions are met.
You can write in or request a callback from our early engagement team for assistance if you'd like further interpretation.
Links-
Total super balance.
Carry-forward unused concessional contributions.
Legal database Section 291-20 to 291-20(7).
Law Companion ruling LCR 2016/11.
Early engagement.
All the best.
Author: _rwandrall(Initiate)Initiate 20 Apr 2021
Thank you for taking the time to reply Jodie.
Do you know how to make a request to ATO for my ATO account to reflect properly the unused cap in 2018-19 ? I think this would help confirm that I am indeed eligible for the carry forward (especially as my tax residency only started mid year) ?
I reached out to the early engagement team in parallel.
