No special circumstances to justify exercise of discretion on excess super contribution - Dowling
16 Jul 2014
In a rehearing, the AAT has held that a taxpayer, who withdrew $240,933.39 from her superannuation account in August 2010 and then made a lump sum contribution of $200,000 to the same account, thereby breaching the non-concessional contribution cap, had not demonstrated special circumstances, and a determination to disregard the contributions would not be consistent with the object of ITAA97 Division 292, as required by s 292-465(3)(b).
The rehearing followed a successful appeal by the Commissioner against an earlier decision of the AAT in favour of the taxpayer - see FCT v Dowling  FCA 252 (19 March 2014).
Dowling and FCT  AATA 474 (AAT, Molloy DP, 14 July 2014).