To the extent you make a Non Concessional Contribution exceeding your Non Concessional Contribution Limit the ATO will contact you by sending you a Determination letter after the lodgement of your SMSF Annual Return. You will be asked to choose how your Excess Non Concessional Contributions are taxed. You have the following options:
Option 1 Release the excess amounts from your SMSF
If you choose this option, you are electing to withdraw all your Excess Non Concessional Contributions and 85% of associated earnings from your SMSF. In this case, the Excess Non Concessional Contributions will NOT be subject to Excess Non Concessional Contributions tax. However the full associated earnings amount stated in the determination is added to your assessable income and taxed at your marginal tax rates subject to a 15% tax offset.
To select this option, you need to make an election using ATO online services or complete the excess non-concessional contributions election form and send it to the ATO. Generally, you have 60 days after the date of issue of the determination to make an election.
Once the ATO processed your election, they will send a release authority form to the superfunds you nominated. You will have 20 business days to action a release authority which includes paying the amount stated in the release authority and completing the release authority to send it back to the ATO. Importantly the amount should only be released after the release authority is received.
Please note that a copy of the completed release authority is required to be provided to our office via the annual checklist for audit purposes.
Option 2 Pay Excess Non Concessional Contributions tax on the excess amount
If you choose not to release your Excess Non Concessional Contributions from your SMSF, the Excess Contributions over the Non Concessional Contribution Limit will be subject to Excess Contributions Tax at the highest marginal tax rate of 47%. The excess non-concessional contributions tax will need to be paid from your super.
Excess Contributions Tax can result in double taxation, with an effective tax rate of up to 94%. To avoid this situation, it is vital that you keep track of all your Non Concessional Contributions.
To select this option, you need to make an election using ATO online services or complete the excess non-concessional contributions election form and send it to the ATO. Generally, you have 60 days after the date of issue of the determination to make an election.
Once the ATO processed your election, they will send a release authority form to the superfunds you nominated. You will have 20 business days to action a release authority which includes paying the amount stated in the release authority and completing the release authority to send it back to the ATO. Importantly the amount should only be released after the release authority is received.
Please note that a copy of the completed release authority is required to be provided to our office invia the annual checklist for audit purposes.