Objections and amendments
Before an ECT assessment issues, the ATO will write to the person so that they have the opportunity to provide any additional, relevant information.
Once the assessment has issued, a person has two main avenues to seek corrections to any perceived errors. They may lodge an objection or request an amendment.
The person must keep records relating to their ECT assessment for five years from when they lodged the relevant tax return.
Objections
Section 292-245 states that if a person is dissatisfied with an ECT assessment they may lodge an objection against the assessment in a manner set out in Part IVC of the TAA.
An objection disputes the way the Commissioner has applied the law and may also dispute facts.
The objection must be made within four years after the notice of assessment is given to the person, in accordance with paragraph 14ZW(1)(aab) of the TAA.
If the time to lodge the objection has passed the person may apply to the Commissioner for an extension of time.
Amendments
An amendment request usually focuses on a factual error such as an incorrectly reported amount on a tax return.
An amendment request for an ECT assessment must be made within four years from the date of the notice of assessment. The person should identify the error and, if possible, provide evidence to support the claims.
In making an ECT assessment the Commissioner takes into account contributions information supplied by super funds. If an individual disagrees with the information supplied by their super fund they should attempt to resolve the issue with the fund.
If they are not satisfied with the decision, or the fund has taken longer than 90 days to resolve their complaint, they can lodge a complaint with the Superannuation Complaints Tribunal (SCT).
|
The SCT cannot hear complaints about SMSFs.
|
|
For more information about the SCT, visit their website or phone them on 1300 884 114.
Refer to section 5 and subsection 15CA(1) of the Superannuation (Resolution of Complaints) Act 1993.
|
The Commissioner also uses information in tax returns, namely the amount of any personal super deduction allowed.
If the personal super contributions deduction allowed in the tax return is not correct the person should apply to amend it or object to the amount allowed.
The Commissioner may decide to verify the new information with the relevant super fund before amending the assessment.
Amended assessments
Section 292-305 states that the Commissioner can issue an amended ECT assessment that increases or decreases the ECT liability at any time, up to four years after an original ECT assessment has been given to a person for an income year.
Under section 292-310, an amended assessment can be issued by the Commissioner to the person in a similar way as the original assessment.
Later amendments - on request
Under section 292-315 assessments can be amended by the Commissioner after the end of the four year period if, within that four year period, a person has:
- applied for an amendment using the approved form
- given the Commissioner all the information necessary for making the amendment.
Later amendments - fraud or evasion
Section 292-320 provides that the Commissioner may amend an assessment at any time if:
- a person or a super fund has not given a full and true disclosure to the Commissioner of the information necessary for an ECT assessment
- the Commissioner makes an under-assessment
- the Commissioner is of the opinion that the under-assessment is due to fraud or evasion.
Further amendment
Section 292-325 states that if an ECT assessment has been amended, and the Commissioner is of the opinion that it would be just to further amend the assessment, the Commissioner may do so within a period of four years after the earlier amendment.
Amendment on review
Section 292-330 allows for an assessment (or amended assessment) to be amended at any time:
- to give effect to a review or appeal decision
- as a result of an objection or pending an appeal or review.
Sections within Assessments
Last Modified: Wednesday, 10 April 2013