The member stated that due to personal circumstances, including health issues, going through a divorce, and job security impacted by COVID-19, they were unable to lodge the application on time and made multiple contacts to their fund on 4 November, 10 November and 17 November of that same year explaining their situation.

The member stated in their evidence to the ATO that their accountant indicated that they fully understood and supported their position. In fact, it was stated that the accountant had informed the member that they had other clients who had also missed the deadline for an NOI but were approved by their super fund.

The member stated that they were aware of the legislation around the contributions and timings to claim and also indicated in their evidence that an ATO contact had advised them that they understood the situation and suggested they apply for a private ruling.

The ruling stated that the member is not eligible to claim the intended personal superannuation contribution deductions (PSCD) as they did not meet all requirements prescribed under subsection 290-170(1) of the Income Tax Assessment Act 1997 (ITAA 1997).

Section 290-150 of the Income Tax Assessment Act 1997 (ITAA 1997) states that a member can deduct personal contributions made in an income year to a complying superannuation fund for the purpose of providing superannuation benefits for themself or if they satisfy all conditions in sections 290-155, 290-165, 290-167, and 290-170 of the ITAA 1997.

Subsection 290-170(1) of the ITAA 1997 states that to deduct the contribution or part of the contributions:

a) they must give to the trustee of the fund or the RSA provider a valid notice, in the approved form, of their intention to claim the deduction; and

b) the notice must be given before:

• • If they have lodged their 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 the day; or
  • Otherwise – the end of the net income year; and

c) the trustee or provider must have given you an acknowledgement of receipt of the notice.

“Based on the information provided, the member was unable to lodge the notice of intent by the deadline date due to personal circumstances,” the ruling said.

“Accordingly, they are not eligible to claim personal superannuation contribution deductions (PSCD). The Commissioner of Taxation does not have any discretion or administrative authority to change or disregard the prescribed requirement.”