E Personal injury election

Did the SMSF receive personal contributions for the member funded by personal injury payments and where the member has elected to exclude the contributions from their non-concessional contributions?

Write at E the total value of all personal contributions made by the member in 2019–20 that were funded by eligible personal injury payments, and where the member has elected that the contributions be excluded from their non-concessional contributions.

Eligible personal injury payments are either of the following:

• a payment made under a written settlement agreement regarding a claim for damages for personal injury or a court order for such a claim
• a workers compensation payment taken as a lump sum.

To write an amount at E, the SMSF must have received a valid Contributions for personal injury election from the member or the member's legal personal representative. For information about making this election, see Contributions for personal injury.

Do not include at E:

• personal injury amounts the SMSF received before the member made a valid Contributions for personal injury election (include these at B Personal contributions)
• any part of a payment that is not compensation or damages for personal injury (include these at B Personal contributions)
• a personal injury amount which the member did not elect to exclude from their non-concessional contributions (include these at B Personal contributions)
• a personal injury amount that was not contributed to the SMSF within 90 days, or such longer period the Commissioner allows, of whichever of the following events occurs last (in each case include the amount at B Personal contributions)    
  • the day on which the member received the personal injury payment
  • the day on which the agreement for settlement of a personal injury payment was entered into
  • the day on which a court order for the personal injury payment was made.

For more information, see Contributions for personal injury.

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