Voluntary release authority
We send you a voluntary release authority you can use to withdraw the amount from your super fund to help pay this tax.
This release authority authorises your fund to pay the money out of your super account according to your instructions.
If you intend to use your voluntary release authority, you must give it to your fund or funds within 90 days after the date on the release authority. Once a voluntary release authority expires, your fund can't release the money, and you must make other arrangements to pay the debt. Even if you are disputing the amount you have to pay, you still must pay it.
If you have lost your voluntary release authority and need a replacement, contact us as early as possible. This will allow us enough time to reissue you with a new one before the release authority expires.
You can't use a release authority to release an amount from a defined benefit interest.
Example: Objecting
Rachael received an assessment to pay excess concessional (before-tax) contributions tax and a voluntary release authority dated 1 August 2011. Rachael decided to lodge an objection against the assessment and to wait until the outcome of the objection before paying the tax if unsuccessful. Rachael was advised on 20 November 2011 that her objection was disallowed. As more than 90 days have passed since the date on the release authority, Rachael can't use the release authority to pay her debt. She now has to pay the debt out of her own money.
Rachael could have used the release authority to withdraw the money from the fund and pay the debt before the objection was determined. If her objection was successful, she would be refunded the money, less amounts owing for tax debts and debts to other government agencies.
Example: Lost voluntary release authority
Debra received an excess concessional (before-tax) contributions tax assessment and a voluntary release authority dated 1 September 2011. On 25 November, Debra wanted to use the voluntary release authority to pay her debt but had misplaced the authority. Debra contacted the ATO for a replacement. However, while the ATO can issue a replacement, they can't change the original date of issue of 1 September 2011. Debra receives the replacement on 3 December 2011, but she can't use it as the 90 days has expired.
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If you don't receive a release authority within 10 days of your assessment, phone us on 13 10 20.
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If you withdraw more money from your super than the amount of the excess concessional (before-tax) contributions tax stated in the release authority, you may have to pay tax on the extra amount at your marginal rate. You may also be liable for an administrative penalty.
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Sections within Receiving an excess contributions tax notice of assessment
Last Modified: Tuesday, 3 July 2012