Document ID: chunk:federal_register_of_legislation:C2025C00029:section:3:p46
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 3 (pt 46/80)
Character Range: 4456722–4459396

75
 (1A) If you made the contribution during the period starting on the day you turn 67 and ending on the day that is 28 days after the end of the month in which you turn 75:
 (a) you must have been *gainfully employed for at least 40 hours in any period of 30 consecutive days during the income year in which the contribution was made; or
 (b) if you do not satisfy paragraph (a)—you must satisfy the following requirements:
 (i) you were gainfully employed for at least 40 hours in any period of 30 consecutive days during the income year (the previous income year) ending before the income year in which the contribution was made;
 (ii) you had a *total superannuation balance of less than $300,000 at the end of the previous income year;
 (iii) you have not deducted a contribution in the previous income year or any earlier income years on the basis of satisfying the requirements in this paragraph;
 (iv) no contribution made by you, or in respect of you, in the previous income year or any earlier income years, was accepted by a *superannuation fund or an *RSA under a prescribed provision of regulations made for the purposes of the Superannuation Industry (Supervision) Act 1993 or the Retirement Savings Accounts Act 1997.

Maximum age condition
 (2) You cannot deduct the contribution if it is made after the day that is 28 days after the end of the month in which you turn 75.

290‑167  Contribution must not be a downsizer contribution
  You cannot deduct the contribution if it is a contribution that is covered under section 292‑102 (about downsizer contributions).

290‑168  Contribution must not be a re‑contribution under the first home super saver scheme
  You cannot deduct the contribution if you notified the Commissioner about the contribution under section 313‑50 (about contributing amounts to superannuation that were previously released under the *first home super saver scheme).

290‑169  Contribution must not be a COVID‑19 re‑contribution
  You cannot deduct the contribution if it is a contribution that is covered under section 292‑103 (about COVID‑19 re‑contributions).

290‑170  Notice of intent to deduct conditions

Deductibility of contributions
 (1) To deduct the contribution, or a part of the contribution:
 (a) you must give to the 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