Document ID: chunk:federal_register_of_legislation:C2007A00009:clause:1_1:p9
Version: federal_register_of_legislation:C2007A00009
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 9/29)
Character Range: 29291–31838

trustee of the fund or the *RSA provider a valid notice, in the *approved form, of your intention to claim the deduction; and
 (b) the notice must be given before:
 (i) if you have lodged your *income tax return for the income year in which the contribution was made on a day before the end of the next income year—the end of that day; or
 (ii) otherwise—the end of the next income year; and
 (c) the trustee or provider must have given you an acknowledgment of receipt of the notice.

Validity of notices

 (2) The notice is not valid if at least one of these conditions is satisfied:
 (a) the notice is not in respect of the contribution;
 (b) the notice includes all or a part of an amount covered by a previous notice;
 (c) when you gave the notice:
 (i) you were not a member of the fund or the holder of the *RSA; or
 (ii) the trustee or *RSA provider no longer holds the contribution; or
 (iii) the trustee or RSA provider has begun to pay a *superannuation income stream based in whole or part on the contributions;
 (d) before you gave the notice:
 (i) you had made a contributions‑splitting application (within the meaning given by the regulations) in relation to the contribution; and
 (ii) the trustee or RSA provider had not rejected the application.

Acknowledgment of notice

 (3) The trustee or provider must, without delay, give you an acknowledgment of a valid notice, subject to subsection (4).

 (4) The trustee or provider may refuse to give you an acknowledgment of receipt of a valid notice if the *value of the *superannuation interest into which the contribution is made, at the end of the day on which the trustee or *RSA provider received the notice, is less than the tax that would be payable in respect of your contribution (or part of the contribution) if the trustee or provider were to acknowledge receipt of the notice.

290‑175  Deduction limited by amount specified in notice

  You cannot deduct more for the contribution (or a part of the contribution) than the amount stated in the notice.

290‑180  Notice may be varied but not revoked or withdrawn

 (1) You cannot revoke or withdraw a valid notice in relation to the contribution (or a part of the contribution).

 (2) You can vary a valid notice, but only so as to reduce the amount stated in relation to the contribution (including to nil). You do so by giving notice to the trustee or the *RSA provider in the *approved form.

 (3) However, you cannot vary a valid notice after:
 (a) if you have lodged your *income tax return for the income year in