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MEMBER 112 writes:

"Client paid her $50,000 contribution in 2011 to her SMSF, and claimed a personal contribution deduction. Superannuation fund administrator (no connection to us) incorrectly recorded it as an employer contribution so in the matching process the ATO alleged in October that she had exceeded the cap. All fair enough on what the ATO received. When we found the truth and spoke to the ATO, we were advised that the assessment would issue anyway and that until the SMSF re-reported, nothing could be done. Assessment issues and to avoid any chance of penalties (they’ve never had one in their long life with me), client paid the assessment in November 2011. SMSF administrator amends return so one would expect a refund in December or January but, when none arrives, I ring in January 2012 and was quite openly told after the officer had a chance to check, that the ATO had stuffed up the amendment and entered it as first lodged, and so no adjustments were necessary according to the computer. Now after weekly phone calls (about 20 which I have a record of) the client still has not received her refund. We have been told many times that the case has been escalated, but from what, ground zero to 1 mm?

This absolutely stinks. If our clients came up with as many excuses to not pay the ATO, they would have been bankrupted by now, as we all know, so what the hell has the ATO done to hold up a large refund for now 6 months?"

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