Published on 01 Jun 12
by "TAXATION IN AUSTRALIA" JOURNAL ARTICLE
The rules which govern superannuation contributions and, in particular, the excess contributions tax and the imposition of caps on contributions are extremely complex and subject to frequent change. The Australian Taxation Office has discretion to disregard or allocate to another financial year all or part of a superannuation contribution in very limited circumstances. For these reasons, it is essential that people who give advice on contributions have a thorough understanding of the rules.
This article examines a number of common mistakes with regard to both concessional contributions and non-concessional contributions that create adverse tax consequences. Examples are provided.
The article also refers to a recent ATO interpretative decision which appears to make it possible to avoid excess contributions tax, yet also gain a deduction, in particular circumstances, and to the practice of in specie transfers. In the author’s view, the current draconian approach under the cap regime needs to be revisited and changes made.