Income Tax Assessment Act 1936
View history note
Hide history noteDiv 3 heading inserted by No 172 of 1978.
Subdiv AB repealed by No 15 of 2007, s 3 and Sch 1 item 5, applicable to the 2007-2008 income year and later years.
Subdivision AB of Div 3 inserted by No 124 of 1980.
(Repealed by No 15 of 2007)
Former s 82AAT repealed by No 15 of 2007, s 3 and Sch 1 item 5, applicable to the 2007-2008 income year and later years. S 82AAT formerly read:
The deduction cannot be more than the amount covered by the notice under subsection (1A), and is also subject to the limits in subsection (2). See also section
26-80
of the
Income Tax Assessment Act 1997
for cases in which a deduction that a person is entitled to under this section is denied.
SECTION 82AAT DEDUCTIONS FOR SUPERANNUATION CONTRIBUTIONS BY ELIGIBLE PERSONS
82AAT(1)
A person who has made a contribution to a fund during a year of income is entitled to an allowable deduction for the contribution in the person
'
s assessment for the year of income if all the following conditions are met:
(a)
the person is an eligible person in relation to the year of income;
(b)
the person made the contribution in order to obtain superannuation benefits for the person or for dependants of the person in the event of the person
'
s death;
(c)
the fund is a complying superannuation fund for the fund
'
s year of income in which the person made the contribution;
(d)
the person has given a notice under subsection (1A) in respect of the contribution and the trustee of the fund has acknowledged that notice under subsection (1A).
Note:
S 82AAT(1) amended by No 92 of 2004 and No 51 of 2002.
S 82AAT(1) - (1E) substituted for s 82AAT(1) - (1D) by No 7 of 1993.
Former s 82AAT(1) amended by No 97 of 1989, substituted by No 138 of 1987 and amended by No 123 of 1985.
82AAT(1A)
A person who is making or has made a contribution to a fund may give a written notice to the trustee of the fund, stating that the person intends to claim a deduction under this section for the whole or a specified part of the contribution. Subject to subsection (1AA), the trustee must, without delay, give the person a notice acknowledging receipt of the person ' s notice.
S 82AAT(1A) amended by No 78 of 2005.
S 82AAT(1) - (1E) substituted for s 82AAT(1) - (1D) by No 7 of 1993.
Former s 82AAT(1A) inserted by No 97 of 1989.
82AAT(1AA)
The trustee may refuse to acknowledge receipt of the person ' s notice under subsection (1A) in respect of a contribution made by the person if:
(a) after the person made the contribution and before the person gave the notice, either of the following occurred in respect of the person ' s interest in the fund:
(i) a payment was made to or for the benefit of the non-member spouse;
(ii) an interest in a superannuation fund was created for, or an amount was transferred to a superannuation fund for the benefit of, the non-member spouse in circumstances prescribed by the regulations; and
(b) as a result, the balance of the person ' s interest in the fund at the end of the day on which the trustee receives the notice is less than the tax that would be payable in respect of the person ' s contribution if the trustee were to acknowledge receipt of the notice.
S 82AAT(1AA) inserted by No 78 of 2005.
82AAT(1B)
The following restrictions apply to notices under subsection (1A):
(a) a person cannot give a notice that covers the whole or any part of an amount covered by a previous notice;
(b) a person cannot give a notice to the trustee of a fund after the person has ceased to be a member of the fund;
(c) a person cannot revoke or withdraw a notice (but may vary it under subsection (1C));
(d) if:
(i) a person has made a contributions-splitting application in respect of contributions made to the fund during a year of income; and
the person cannot give a notice in respect of those contributions.
(ii) the trustee of the fund has not rejected the application;
Note:
Paragraph (d) does not prevent a person from giving a notice under subsection (1A) before the person makes a contributions-splitting application in respect of the contributions.
S 82AAT(1B) amended by No 148 of 2005.
S 82AAT(1) - (1E) substituted for s 82AAT(1) - (1D) by No 7 of 1993.
Former s 82AAT(1B) inserted by No 97 of 1989.
82AAT(1BA)
In subsection (1B):
contributions-splitting application
means an application designated in the regulations as a contributions-splitting application.
S 82AAT(1BA) inserted by No 148 of 2005.
82AAT(1C)
A person may at any time give written notice to the trustee of a fund reducing the amount covered by a notice under subsection (1A), but not below the amount that has been allowed as a deduction to the person under this section for contributions covered by the notice.
S 82AAT(1) - (1E) substituted for s 82AAT(1) - (1D) by No 7 of 1993.
S 82AAT(1C) inserted by No 97 of 1989.
82AAT(1CA)
A person who has made a contribution to an RSA during a year of income is entitled to an allowable deduction for the contribution in the person ' s assessment for the year of income if all the following conditions are met:
(a) the person is an eligible person in relation to the year of income;
(b) the person made the contribution in order to obtain superannuation benefits for the person or for dependants of the person in the event of the person ' s death;
(c) the person has given a notice under subsection (1CB) in respect of the contribution and the provider of the RSA has acknowledged that notice under subsection (1CB).
The deduction cannot be more than the amount covered by the notice under subsection (1CB), and is also subject to the limits in subsection (2).
S 82AAT(1CA) inserted by No 62 of 1997.
82AAT(1CB)
A person who is making, or has made, a contribution to an RSA may give a written notice to the provider of the RSA, stating that the person intends to claim a deduction under this section for the whole or a specified part of the contribution. Subject to subsection (1CBA), the RSA provider must, without delay, give the person a notice acknowledging receipt of the person ' s notice.
S 82AAT(1CB) amended by No 78 of 2005; inserted by No 62 of 1997.
82AAT(1CBA)
The RSA provider may refuse to acknowledge receipt of the person ' s notice under subsection (1CB) in respect of a contribution made by the person if:
(a) after the person made the contribution and before the person gave the notice, either of the following occurred in respect of the person ' s interest in the RSA:
(i) a payment was made to or for the benefit of the non-member spouse;
(ii) an interest in a superannuation fund was created for, or an amount was transferred to a superannuation fund for the benefit of, the non-member spouse in circumstances prescribed by the regulations; and
(b) as a result, the balance of the person ' s interest in the RSA at the end of the day on which the RSA provider receives the notice is less than the tax that would be payable in respect of the person ' s contribution if the RSA provider were to acknowledge receipt of the notice.
S 82AAT(1CBA) inserted by No 78 of 2005.
82AAT(1CC)
The following restrictions apply to notices under subsection (1CB):
(a) a person cannot give a notice that covers the whole or any part of an amount covered by a previous notice;
(b) a person cannot give a notice to the provider of an RSA after the person has ceased to hold the RSA;
(c) a person cannot revoke or withdraw a notice (but may vary it under subsection (1CD));
(d) if:
(i) a person has made a contributions-splitting application in respect of contributions made to the RSA during a year of income; and
the person cannot give a notice in respect of those contributions.
(ii) the provider of the RSA has not rejected the application;
Note:
Paragraph (d) does not prevent a person from giving a notice under subsection (1A) before the person makes a contributions-splitting application in respect of the contributions.
S 82AAT(1CC) amended by No 148 of 2005; inserted by No 62 of 1997.
82AAT(1CCA)
In subsection (1CC):
contributions-splitting application
has the same meaning as in subsection (1BA).
S 82AAT(1CCA) inserted by No 148 of 2005.
82AAT(1CD)
A person may at any time give written notice to the provider of an RSA reducing the amount covered by a notice under subsection (1CB), but not below the amount that has been allowed as a deduction to the person under this section for contributions covered by the notice.
S 82AAT(1CD) inserted by No 62 of 1997.
82AAT(1D)
Notices under this section must be given in the form and manner approved by the Commissioner in writing for the purposes of this section.
S 82AAT(1) - (1E) substituted for s 82AAT(1) - (1D) by No 7 of 1993.
S 82AAT(1D) inserted by No 97 of 1989.
82AAT(1E)
A person is not entitled to a deduction under this section for a contribution unless the person receives the acknowledgment mentioned in subsection (1A) or (1CB) before the Commissioner makes the relevant assessment. However, if the person later receives the acknowledgment, the Commissioner may amend the assessment to allow the deduction.
S 82AAT(1E) amended by No 62 of 1997.
S 82AAT(1) - (1E) substituted for s 82AAT(1) - (1D) by No 7 of 1993.
82AAT(1F)
If a person has given his or her employer statements under subsection 19(4) of the Superannuation Guarantee (Administration) Act 1992 , the person is not entitled to a deduction under this section, in his or her assessment for the year of income, in respect of any contribution made to a complying superannuation fund, or to an RSA, during:
(a) the quarter (within the meaning of that Act) in which the statements are given; or
(b) any later quarter.
S 82AAT(1F) amended by No 51 of 2002 and No 62 of 1997 and inserted by No 170 of 1995.
82AAT(2)
The total of the deductions allowable to a taxpayer under this section for a year of income must not exceed the lesser of the following:
(a) the sum of:
(i) $5,000; and
(ii) 75% of the amount (if any) by which the total amount of the contributions exceeds $5,000;
(b) the taxpayer ' s deduction limit for the year of income (worked out under subsection (2A)).
S 82AAT(2) amended by No 51 of 2002.
S 82AAT(2), (2A) - (2C) substituted for s 82AAT(2) by No 208 of 1992.
S 82AAT(2) substituted by No 208 of 1992.
Former s 82AAT(2) amended by No 135 of 1990, No 97 of 1989 and No 123 of 1985.
82AAT(2A)
A taxpayer ' s deduction limit for a year of income is worked out:
(a) by identifying the day in the year of income, or the last day in the year of income, on which the taxpayer made a contribution for which the taxpayer would be entitled to a deduction under this section (ignoring the notice requirements of paragraphs (1)(d) and (1CA)(c) and subsections (1A) and (1CB) and the limits in subsection (2)); and
(b) by working out the age reached by the taxpayer as at the end of that day; and
(c) if the year of income is the 1994-95 year of income - by applying the following table:
| Age in years | Deduction limit | ||
| under 35 | $9,000 | ||
| 35 to 49 | $25,000 | ||
| 50 and over | $62,000 | ||
; and
(d) if the year of income is a later year of income - by applying the table subject to the indexation arrangements set out in subsection (2B).
[ CCH Note: The deduction limits for superannuation contributions by eligible persons from 1995/96, as altered under s 82AAT(2B), are as follows:
| Income year | Age-based deduction limits | ||
| Under 35 | 35 to 49 | 50 + | |
| 1995/96 | $ 9,405 | $26,125 | $64,790 |
| 1996/97 | $ 9,782 | $27,170 | $67,382 |
| 1997/98 | $10,232 | $28,420 | $70,482 |
| 1998/99 | $10,600 | $29,443 | $73,019 |
| 1999/2000 | $10,929 | $30,356 | $75,283 |
| 2000/01 | $11,388 | $31,631 | $78,445 |
| 2001/02 | $11,912 | $33,086 | $82,053 |
| 2002/03 | $12,651 | $35,138 | $87,141 |
| 2003/04 | $13,233 | $36,754 | $91,149 |
| 2004/05 | $13,934 | $38,702 | $95,980 |
| 2005/06 | $14,603 | $40,560 | $100,587 |
| 2006/07 | $15,260 | $42,385 | $105,113 |
S 82AAT(2A)(a) amended by No 62 of 1997 and substituted by No 7 of 1993.
S 82AAT(2), (2A) - (2C) substituted for s 82AAT(2) by No 208 of 1992.
82AAT(2B)
The table in subsection (2A) applies for the 1995-96 year of income as if each indexable amount were replaced by the amount worked out using the formula:
| Indexation factor × Previous indexable amount |
where:
Indexation factor means the indexation factor for the year of income worked out under section 159SG .
Previous indexable amount means the indexable amount concerned for the previous year of income.
S 82AAT(2), (2A) - (2C) substituted for s 82AAT(2) by No 208 of 1992.
82AAT(2C)
In subsection (2B):
indexable amount
means:
(a) an amount of $9,000, $25,000 or $62,000 specified in the table in subsection (2A); or
(b) if any such amount has previously been altered under subsection (2B) - the altered amount.
S 82AAT(2), (2A) - (2C) substituted for s 82AAT(2) by No 208 of 1992.
82AAT(3)
A deduction is not allowable under this section in respect of so much of a contribution made after 12 January 1987 as is deemed by section 27D to have been expended in making a payment as mentioned in paragraph 27A(12)(a) or 27A (12)(d).
S 82AAT(3) amended by No 62 of 1997 and inserted by No 11 of 1988.
Former s 82AAT(3) omitted by No 138 of 1987 and inserted by No 123 of 1985.
82AAT(4)
In this section:
non-member spouse
has the same meaning as in Part VIIIB of the
Family Law Act 1975
.
S 82AAT(4) inserted by No 78 of 2005.
Archived:
Subdiv B to CA repealed as inoperative by No 101 of 2006 , s 3 and Sch 1 item 91, effective 14 September 2006. For application and savings provisions and for former wording see the CCH Australian Income Tax Legislation archive .
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