Document ID: chunk:federal_register_of_legislation:C2025C00029:section:3:p72
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 3 (pt 72/80)
Character Range: 4524721–4527648

on which, at the end of the day, any of the following remains unpaid:
 (i) the excess non‑concessional contributions tax or shortfall interest charge;
 (ii) general interest charge on any of the excess non‑concessional contributions tax or shortfall interest charge.
Note: The general interest charge is worked out under Part IIA of the Taxation Administration Act 1953.

292‑395  Refunds of amounts overpaid
  Section 172 of the Income Tax Assessment Act 1936 applies for the purposes of this Part as if references in that section to tax included references to *excess non‑concessional contributions tax.

Subdivision 292‑H—Other provisions

Table of sections
292‑465 Commissioner's discretion to disregard contributions etc. in relation to a financial year
292‑467 Direction that the value of superannuation interests is nil

292‑465  Commissioner's discretion to disregard contributions etc. in relation to a financial year
 (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 and Subdivision 97‑B in Schedule 1 to the Taxation Administration Act 1953, all or part of your *non‑concessional contributions for a *financial year is to be:
 (a) disregarded; or
 (b) allocated instead for the purposes of another financial year specified in the determination.
 (2) You may apply to the Commissioner in the *approved form for a determination under subsection (1). The application can only be made:
 (a) after all of the contributions sought to be disregarded or reallocated have been made; and
 (b) if you receive one or more *excess non‑concessional contributions determinations for the *financial year—before the end of:
 (i) the period of 60 days starting on the day you receive the most recent of those determinations; or
 (ii) a longer period allowed by the Commissioner.
 (3) The Commissioner may make a determination under subsection (1) only if he or she considers that:
 (a) there are special circumstances; and
 (b) making the determination is consistent with the object of this Division.
 (4) In making a determination under subsection (1) the Commissioner may have regard to the matters in subsections (5) and (6) and any other relevant matters.
 (5) The Commissioner may have regard to whether a contribution made in the relevant *financial year would more appropriately be allocated towards another financial year instead.
 (6) The Commissioner may have regard to whether it was reasonably foreseeable, when a relevant contribution was made, that you would have *excess concessional contributions or *excess non‑concessional contributions for the relevant *financial year, and in particular:
 (a) if the relevant contribution is made in respect of you by another person—the terms of any agreement or arrangement between you and that person as to the amount and timing of the contribution; and
 (b) the extent to