Income Tax Assessment Act 1997

Part 3-30 inserted by No 9 of 2007 , s 3 and Sch 1 item 1, applicable to the 2007-2008 income year and later years.

Div 292 heading substituted by No 21 of 2015, s 3 and Sch 1 item 5, applicable in relation to non-concessional contributions for the 2013-14 financial year and later financial years. The heading formerly read:

Division 292 - Excess non-concessional contributions tax

Div 292 heading amended by No 118 of 2013, s 3 and Sch 1 item 42, by inserting " non-concessional " , effective 29 June 2013. For application, transitional and saving provisions see note under Div 291 heading.

Div 292 inserted by No 9 of 2007 , s 3 and Sch 1 item 1, applicable to the 2007-2008 financial year and later years.

Subdiv 292-H inserted by No 9 of 2007 , s 3 and Sch 1 item 1, applicable to the 2007-2008 financial year and later years.

S 292-465(1) amended by No 21 of 2015, s 3 and Sch 1 item 9, by inserting " and Subdivision 97-B in Schedule 1 to the Taxation Administration Act 1953 " , applicable in relation to non-concessional contributions for the 2013-14 financial year and later financial years.

S 292-465(1) substituted by No 118 of 2013, s 3 and Sch 1 item 68, effective 29 June 2013. For application, transitional and saving provisions see note under Div 291 heading. S 292-465(1) formerly read:

292-465(1)
If you make an application in accordance with subsection (2), the Commissioner may make a written determination that, for the purposes of this Division:

(a) all or part of your *concessional contributions for a *financial year is to be disregarded, or allocated instead for the purposes of another financial year specified in the determination; and

(b) all or part of your *non-concessional contributions for a financial year is to be disregarded, or allocated instead for the purposes of another financial year specified in the determination.

S 292-465(2) amended by No 21 of 2015, s 3 and Sch 1 item 10, by substituting para (b), applicable in relation to non-concessional contributions for the 2013-14 financial year and later financial years. Para (b) formerly read:

(b) if you receive an *excess non-concessional contributions tax assessment for the *financial year - before the end of:

(i) the period of 60 days starting on the day you receive the assessment; or

(ii) if the Commissioner allows a longer period - that longer period.

S 292-465(2) amended by No 118 of 2013, s 3 and Sch 1 item 69, by inserting " non-concessional " in para (b), effective 29 June 2013. For application, transitional and saving provisions see note under Div 291 heading.

S 292-465(2) amended by No 117 of 2010, s 3 and Sch 4 items 26 and 27, by omitting " within " and substituting paras (a) and (b), applicable in relation to applications made on or after 17 November 2010.

Act No 117 of 2010, s 3 and Sch 4 item 32 contains the following transitional provision, effective 17 November 2010:

32 Transitional provision - allowance of extra time to make applications  
From the commencement of this item, treat an allowance:

(a) made under paragraph 292-465(2)(b) of the Income Tax Assessment Act 1997; and

(b) in force just before the commencement of this item;

as having been made under subparagraph 292-465(2)(b)(ii) of that Act as substituted by Part 4 of this Schedule.

Paras (a) and (b) formerly read:

(a) the period:

(i) starting on the day you receive an *excess contributions tax assessment for the *financial year; and

(ii) ending 60 days after that day; or

(b) a longer period allowed by the Commissioner.

S 292-465(3) amended by No 21 of 2015, s 3 and Sch 1 item 11, by substituting " a determination under subsection (1) " for " the determination " (first occurring), applicable in relation to non-concessional contributions for the 2013-14 financial year and later financial years.

S 292-465(4) amended by No 21 of 2015, s 3 and Sch 1 item 11, by substituting " a determination under subsection (1) " for " the determination " , applicable in relation to non-concessional contributions for the 2013-14 financial year and later financial years.

S 292-465(7) amended by No 21 of 2015, s 3 and Sch 1 item 12, by substituting " a determination made under subsection (1) " for " the determination " , applicable in relation to non-concessional contributions for the 2013-14 financial year and later financial years.

S 292-465(8) repealed by No 81 of 2016, s 3 and Sch 10 item 78, effective 1 January 2017 and applicable to documents (however described) that the Commissioner gives on or after 1 July 2017 under taxation laws. S 292-465(8) formerly read:

292-465(8)
A determination made under subsection (1) may be included in a notice of assessment.

S 292-465(8) amended by No 21 of 2015, s 3 and Sch 1 item 13, by substituting " made under subsection (1) " for " under this section " , applicable in relation to non-concessional contributions for the 2013-14 financial year and later financial years.

S 292-465(8) inserted by No 117 of 2010, s 3 and Sch 4 item 28, applicable in relation to applications made on or after 17 November 2010.

S 292-465(9) substituted by No 81 of 2016, s 3 and Sch 3 item 5, effective 1 January 2017 and applicable in relation to non-concessional contributions for the 2013-2014 financial year and later financial years. S 292-465(9) formerly read:

Review of determinations

292-465(9)
To avoid doubt:

(a) you may object under section 292-245 against an *excess non-concessional contributions tax assessment made in relation to you on the ground that you are dissatisfied with a determination that you applied for under this section; and

(b) for the purposes of paragraph (e) of Schedule 1 to the Administrative Decisions (Judicial Review) Act 1977 , the making of a determination under subsection (1) is a decision forming part of the process of making an assessment of tax under this Act.

S 292-465(9) amended by No 21 of 2015, s 3 and Sch 1 item 14, by substituting " subsection (1) " for " this section " in para (b), applicable in relation to non-concessional contributions for the 2013-14 financial year and later financial years.

S 292-465(9) amended by No 118 of 2013, s 3 and Sch 1 item 70, by inserting " non-concessional " in para (a), effective 29 June 2013. For application, transitional and saving provisions see note under Div 291 heading.

S 292-465(10) inserted by No 81 of 2016, s 3 and Sch 3 item 5, effective 1 January 2017 and applicable in relation to non-concessional contributions for the 2013-2014 financial year and later financial years.

S 292-465 inserted by No 9 of 2007 , s 3 and Sch 1 item 1, applicable to the 2007-2008 financial year and later years.