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Grandfathering"
your SMSF
contributions |
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Grandfathering" your SMSF contributions
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| Are you? |
- A member or trustee of a defined benefit fund? |
| At a glance: |
- According to the Tax Office, members whose contributions exceed the maximum cap, might be eligible for "grandfathering". |
| You should: |
- Be aware of the "grandfathering" rules.
- Contact us if you require any clarification or advice. |
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| 1. |
From July 1, 2007, contributions caps apply to the contributions that are made to your superannuation funds, with extra tax payable on the excess contributions amount.
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| 2. |
Often the employer of a member of a defined benefit fund will make a contribution to the fund in general, rather than for the particular member. This is known as a notional taxed contribution. These notional taxed contributions could however exceed the concessional contributions cap.
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| 3. |
To avoid this issue, a member might be eligible for "grandfathering" the notional taxed contributions.
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| 4. |
"Grandfathering" is a special rule that allows your fund to treat your notional taxed contribution as being the same as your concessional contribution, thus avoiding the excess contribution tax.
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| 5. |
To be eligible for "grandfathering" you must have:
a. For the 07/08 and 08/09 financial years, been a member of an eligible defined benefit fund on September 5, 2006;
b. For the 09/10 financial year onwards, been a member of an eligible defined benefit fund on May 12, 2009; and
c. Not had a substantial change to the rules that apply to your benefit since that date.
d. Not had a non-arm's length change to your salary of more than 50% in a year or 75% in three years since that date.
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| 6. |
More information about the special "grandfathering" rules is available by clicking here or visiting the ATO website at http://www.ato.gov.au.
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