What is a valid notice?
You can give a valid notice to your fund if all of the following apply:
- you are still a member of that super fund
- the trustee still holds the contribution. Note that special rules apply for full or partial voluntary rollovers, and situations where there has been a successor fund transfer or a MySuper transfer
- the notice does not include all or a part of an amount covered by a previous notice
- the trustee has not begun to pay a superannuation income stream based in whole or in part on the contribution
- you have not lodged an application (which hasn’t yet been dealt with by the fund) to split the contribution for which you intend to claim a deduction.
Rollovers and transfers
Where you have chosen to rollover or withdraw a part of your super account held by your fund, special rules apply and a valid notice of intent cannot be given for the entire contribution. Refer to Claiming a deduction after a partial rollover or withdrawal on the next page.
When you voluntarily roll-over your benefits from one fund to another, it is not a successor fund transfer or a MySuper transfer.
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A ‘successor fund transfer’ occurs when your super interest is transferred to another super fund (the successor fund) and that fund confers rights on that interest equivalent to those you had under your original fund. Typically, this occurs when your fund is merged with another.
A MySuper transfer may occur where your original fund compulsorily transfers your entire account balance (where you have not exercised an investment choice or if it is held in a default investment option) to another fund that offers a MySuper product. In this case, your original fund may refer to you as a ‘default member’.
Last modified: 19 Nov 2014QC 19310
If you made your contribution to your original fund before a successor fund transfer or a MySuper transfer occurred, and you did not give your original fund a notice of intent to claim a deduction, you can give your notice to your new fund, even though you did not make your contribution to that fund.
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