Income Tax Assessment Act 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES

PART 3-30 - SUPERANNUATION

Division 292 - Excess non-concessional contributions

[ CCH Note: For transitional rules about the application of Division 292 and related provisions in the period from 10 May 2006 to 30 June 2007, see section 292-80 of the Income Tax (Transitional Provisions) Act 1997 .]

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Subdivision 292-F - Amending excess non-concessional contributions tax assessments

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Operative provisions

SECTION 292-330

292-330 Amendment on review etc.

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Nothing in this Subdivision prevents the amendment of an *excess non-concessional contributions tax assessment:

(a) to give effect to a decision on a review or appeal; or

(b)

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as a result of an objection or pending an appeal or review.

Note:

If a person is dissatisfied with a statement given to the Commissioner by a superannuation provider under section 390-5 in Schedule 1 to the Taxation Administration Act 1953 , the person may make a complaint under the AFCA scheme (within the meaning of the Corporations Act 2001 ).

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History

S 292-330 amended by No 76 of 2023, s 3 and Sch 2 item 655, by omitting " Chapter 7 of " before " the Corporations Act 2001 " from the note, effective 20 October 2023.

S 292-330 amended by No 13 of 2018, s 3 and Sch 1 item 46, by substituting the note, effective 6 March 2018. No 13 of 2018, s 3 and Sch 1 item 58 contains the following application provision:

58 Application of amendments
(1)
The amendments apply on and after the day that is:

(a) the day specified under subitem (2); or

(b) if no such day is specified - the day that is 12 months after the day (the Part 3 application day ) on and after which the amendments made by Part 3 apply.
Note:

For the application of the amendments made by Part 3: see item 44.

(2)
The Minister may, by notifiable instrument, specify a day for the purposes of paragraph (1)(a). The day must not be:

(a) earlier than the Part 3 application day; or

(b) later than 12 months after the Part 3 application day.

(3)
If the day specified under subitem (2) is the Part 3 application day, the amendments made apply on and from the time immediately after the start of the Part 3 application day.

The note formerly read:

Note:

If a person is dissatisfied with a statement given to the Commissioner by a superannuation provider under section 390-5 in Schedule 1 to the Taxation Administration Act 1953 , the person may make a complaint:

(a) under the AFCA scheme (within the meaning of Chapter 7 of the Corporations Act 2001 ), but not before the authorisation of the scheme comes into force; or

(b) under section 15CA of the Superannuation (Resolution of Complaints) Act 1993 , but not on or after the day on or after which complaints cannot be made because of section 14AB of that Act.

S 292-330 amended by No 13 of 2018, s 3 and Sch 1 item 15, by substituting the note, effective 6 March 2018 and applicable on and after the day on which the first authorisation of an external dispute resolution scheme, under Part 7.10A of the Corporations Act 2001 , comes into force. The note formerly read:

Note:

A person may make a complaint to the Superannuation Complaints Tribunal under section 15CA of the Superannuation (Resolution of Complaints) Act 1993 if the person is dissatisfied with a statement given to the Commissioner by a superannuation provider under section 390-5 in Schedule 1 to the Taxation Administration Act 1953 .

S 292-330 amended by No 118 of 2013, s 3 and Sch 1 item 58, by inserting " non-concessional " , effective 29 June 2013. For application, transitional and saving provisions see note under Div 291 heading.

S 292-330 amended by No 15 of 2007, s 3 and Sch 3 item 26, by omitting " to reduce the assessment " before " as a result of " in para (b), applicable to the 2007-2008 financial year and later years.

S 292-330 inserted by No 9 of 2007 , s 3 and Sch 1 item 1, applicable to the 2007-2008 financial year and later years.

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