Taxpayer unsuccessful in having excess contributions reallocated
Liz Gibbs • May 4, 2024

Taxpayer unsuccessful in having excess contributions reallocated

The Administrative Appeals Tribunal ('AAT') recently held that a taxpayer was liable to pay excess concessional contributions tax in relation to contributions made on his behalf by his employer.


In the 2021 income year, the taxpayer's employer made concessional super contributions to his super fund totalling $31,737, which resulted in the taxpayer exceeding his concessional contributions cap for the 2021 year by $6,737.


The AAT upheld the ATO's decision not to exercise its discretion to reallocate the excess contributions to another year, on the basis that there were no 'special circumstances' under the relevant legislation that would allow the ATO to do so.


The AAT noted that "The difficulty for the (taxpayer) is that he accepts that there was never any certainty around when his employer would pay contributions into his super fund and that there was no written agreement or even a verbal agreement that set out the timing of the payments into his super fund. As such it was not unusual for his employer to pay the (taxpayer's) concessional contributions into his super fund at differing times."


Need Help with your Business, Bookkeeping, Tax or SMSF requirements?

If you would like a little help, please get in touch with us for assistance. We can help with your business, bookkeeping, tax and SMSF requirements.


Please also note that many of the comments in this publication are general in nature and anyone intending to apply the information to practical circumstances should seek professional advice to independently verify their interpretation and the information’s applicability to their particular circumstances. Should you have any further questions, please get in touch with us for assistance with your SMSF, business, bookkeeping and tax requirements. All rights reserved. Brought to you by RGA Business and Tax Accountants. Liability Limited by a scheme approved under Professional Standards Legislation.


Change Readiness
By Liz Gibbs July 4, 2025
Change is often seen as a leap into the unknown, but have you ever stopped to consider if your organisation is truly ready for it? According to recent discussions and research, there are five essential factors that determine an organisation’s change readiness—and most of us tend to overlook them in our rush to get star
Tax newsletter
By Liz Gibbs July 2, 2025
Welcome to our July 2025 newsletter—packed with key tax deadlines, updates, and tips to help you stay compliant and informed.
tax time
By Liz Gibbs July 2, 2025
Tax season is here, and we're ready to help make lodging your return as easy and stress-free as possible.
More Posts