Generally, before we issue you with an excess contributions tax assessment, we will write to you so you have a chance to give us any relevant additional information.
If you disagree with the information from your fund
Your fund must provide us with information each financial year about contributions made to your super such as:
employer contributions
personal contributions
excluded amounts such as
disposals from small business assets
personal injury amounts
some allocations from reserves.
If you disagree with the information your fund has provided to us, attempt to resolve the issue with them. If you are still dissatisfied, or the fund has taken longer than 90 days to resolve your complaint, you can complain to the Superannuation Complaints Tribunal.
If your fund provides us with amended contributions information, we will generally use this amended information to make the excess contributions tax assessment, or to amend your existing excess contributions tax assessment.
The Superannuation Complaints Tribunal cannot consider complaints about self-managed super funds.
If you disagree with the information from your income tax assessment
Any deduction you have been allowed for your personal contributions in your tax return is also used in calculating any excess contributions tax liability. Amounts that you are allowed as a deduction in your tax return are concessional contributions rather than non-concessional contributions.
If you have not correctly claimed the amount of your personal deductible contributions you may be able to amend your tax return. We may confirm this information with your fund before amending your assessment.
To request an amendment to your income tax assessment, refer to Amendment requests.
If you amend your income tax return, we will generally use this amended information to make the excess contributions tax assessment, or to amend your existing excess contributions tax assessment.
If you disagree with the excess contributions tax assessment
If you receive an excess contributions tax assessment and you disagree with it, you can either:
request an amendment within four years of the date of the notice
lodge an objection to the assessment within four years of receiving the assessment.
If you believe that you exceeded a cap due to special circumstances, you can apply to us to disregard or re-allocate some or all of a contribution.
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