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Have the requirements under section 290-170 of the Income Tax Assessment Act 1997 (ITAA 1997) for claiming a deduction for personal superannuation contributions been satisfied?
No. This ruling applies for the following period : Year ending 30 June 20XX The scheme commences on: 1 July 20XX
Client made personal contributions to a complying fund (Fund A) in the 20XX income year. Sometime in the 20XX income year the Client was made aware that they should have lodged a Notice of intent to claim a deduction for personal contributions form (NAT 71121) (NOI). The Client lodged his income tax return for the 20XX income year after 30 June 20XX.
Income Tax Assessment Act 1997 section 290-150 Income Tax Assessment Act 1997 section 290-155 Income Tax Assessment Act 1997 section 290-160 Income Tax Assessment Act 1997 section 290-165 Income Tax Assessment Act 1997 section 290-170 Summary The Client did not provide a valid notice of intent to deduct the contribution and did not receive acknowledgment of receipt of the notice. Hence, a deduction for the contribution cannot be claimed as the requirements under section 290-170 of the ITAA 1997 have not all been met. Detailed reasoning Personal superannuation contributions deductible An individual can claim a deduction for personal contributions made to a superannuation fund for the purpose of providing superannuation benefits for themselves under section 290-150 of the ITAA 1997, provided
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