• Instructions

    Who should complete this form?

    You, or your legal personal representative, should complete this form if you:

    • have received a structured settlement, and
    • want to contribute all or part of that payment to super without it counting towards your non-concessional contributions cap, total super balance and transfer balance cap.

    Structured settlements are either of the following:

    • a payment made under a written settlement agreement regarding a claim for damages for personal injury or a court order for such a claim
    • a workers compensation payment taken as a lump sum.

    To exclude your contribution from the non-concessional contributions cap, total super balance and transfer balance cap, you must:

    • send this form to your super fund before or when you make the contribution
    • make your contribution within 90 days or such period as the Commissioner allows from whichever of the following events occurs last
      • the day you received the personal injury payment
      • the day an agreement for settlement of a personal injury payment was entered into
      • the day on which a court order for the personal injury payment was made.

    When to notify your super fund

    This form must be completed and given to your super fund when or before you make the contribution to which it applies.

    A notification is not valid if you provide it after the contribution it refers to has been made. If you do not provide a valid notification:

    • your contribution will not be excluded from the non-concessional contributions cap, total super balance or transfer balance cap
    • your super fund will not be able to report to us that a valid notification was made
    • your fund will report the entire contribution as a personal contribution for the year.

    You may have to pay extra tax on personal super contributions which are not covered by this notification. For more information about contributions, see ato.gov.au/supercaps.

    To find out more about how structured settlements are treated for total super balance and transfer balance cap purposes, see ato.gov.au/superchanges.

    What effect will making a valid notification have?

    Your fund reports your contributions to us annually and will report contributions covered by this notification too. However, the fund must also advise us that they have received this notification.

    If you don't complete the form and notify your super fund, your personal injury payment will count towards your:

    • non-concessional contributions cap
    • total super balance
    • transfer balance cap.

    Your contribution is a personal contribution and, if you're eligible, completing the form and notifying your fund won't stop you getting a co-contribution.

    In this publication when we refer to a super fund we mean a complying:

    • super fund, including a self-managed super fund
    • retirement savings account
    • approved deposit fund.
    Last modified: 08 Sep 2017QC 19583