Document ID: chunk:federal_register_of_legislation:C2025C00029:section:3:p55
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 3 (pt 55/80)
Character Range: 4480521–4483454

a different financial year.

Table of sections

Operative provisions
291‑465 Commissioner's discretion to disregard contributions etc. in relation to a financial year

Operative provisions

291‑465  Commissioner's discretion to disregard contributions etc. in relation to a financial year
 (1) The Commissioner may make a written determination that, for the purposes of working out the amount of your *excess concessional contributions for a *financial year, all or part of your *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.

Conditions for making of determination
 (2) The Commissioner may make the determination only if:
 (a) you apply for the determination in accordance with this section; and
 (b) the Commissioner considers that:
 (i) there are special circumstances; and
 (ii) making the determination is consistent with the object of this Division and Division 292.
 (2A) Paragraph (2)(a) does not apply if:
 (a) the determination relates to a contribution that is an amount the Commissioner pays for your benefit under Part 8 of the Superannuation Guarantee (Administration) Act 1992; and
 (b) the amount represents an amount of a charge payment (within the meaning of section 63A of that Act) paid as a result of a disclosure to which paragraph 74(1)(a) of that Act applies; and
 (c) the entity making the disclosure qualified, under section 74 of that Act, for an amnesty in relation to the *superannuation guarantee shortfall to which the charge payment relates.

Matters to which regard may be had
 (3) In making the determination the Commissioner may have regard to the following:
 (a) whether a contribution made in the relevant *financial year would more appropriately be allocated towards another financial year instead;
 (b) 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:
 (i) if the relevant contribution is made in respect of you by another individual—the terms of any agreement or arrangement between you and that individual as to the amount and timing of the contribution; and
 (ii) the extent to which you had control over the making of the contribution;
 (c) any other relevant matters.

Requirements for application
 (4) The application:
 (a) must be in the *approved form; and
 (b) can only be made after all of the contributions sought to be disregarded or reallocated have been made; and
 (c) if you receive an *excess concessional contributions determination for the *financial year—must be given to the Commissioner within:
 (i) 60 days after receiving the determination; or
 (ii) a further period allowed by the Commissioner.

Notification
 (5) The Commissioner must give you:
 (a) a copy of