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18 Mar 11 On the procedure for claiming personal super contributions


MEMBER 41 writes:

"If you wish to claim a personal super contribution then you have to notify your super fund accordingly. This is appropriate because then the super fund knows it has to pay 15 % tax on this amount. It is also appropriate that you cannot claim a tax deduction unless you notify your super fund accordingly. However after this the law goes into la la land.

The super fund is required to send you a confirmation of the receipt of your intention and you can't claim the deduction until you receive this confirmation. How is the ATO going to prove whether you received the notice? Every other part of the tax return process is self-assessment except for this piece of red tape. What happens if your tax agent is diligent like myself and insists on seeing this confirmation? The client can't find it. Can you get another copy from your super fund? No! The ATO insists that you provide a statutory declaration to your super fund that you need a second copy.

Every other part of tax administration is based on email and electronic lodgment but not to get a copy of the confirmation. What use is the confirmation to any other person or taxpayer? It can't be used by any other person to claim a tax deduction. Thus, the lodgment of my client's return has been delayed by 3 months."

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