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08 Aug 1111 Excessive contributions tax assessment upheld - Player

The Federal Court (Edmonds J) has dismissed the taxpayer's appeal from the decision of the AAT, which upheld an excessive contributions tax notice of assessment issue by the Commissioner to the taxpayer in respect of contributions made to a superannuation fund ("the second Fund") in the year ended 30 June 2007.

The central issue between the parties was the capacity in which the taxpayer received an amount from another superannuation fund ("the first Fund") that was subsequently paid to the second Fund. The taxpayer argued that she received it in the capacity of trustee of the second Fund and that it was therefore rolled-over from the first Fund to the second Fund (qualifying as a 'roll-over superannuation benefit' for the purposes of s 306-10 ITAA 1997), whereas the Commissioner argued that she received it beneficially and in her own right as an eligible termination payment, and that it was therefore a personal contribution when paid to the second Fund.

Edmonds J held that the AAT was correct  in concluding that the taxpayer received it both legally and beneficially, such that s 306-10 could not apply: Player v FCT [2011] FCA 869 (Federal Court, Edmonds J, 5 August 2011).


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