1. In order to claim a deduction for a personal contribution, a member must give their notice (or variation) by the following dates, whichever occurs first:
a. the day they lodge their income tax return for the income year in which the contribution was made
b. the end of the income year following the income year in which the contribution was made.
2. An approved form is any of the following:
a. The ATO paper form of the Notice of intent to claim or vary a deduction for personal super contributions,
b. A branded paper form the superfund provides to the member that contains all the information required by the ATO form, including the member declaration,
c. A letter from the member stating that they wish to claim a tax deduction for a specific amount and containing all necessary information listed by the ATO,
d. An electronic form provided by the superfund in a format complying with the ATO guidelines.
3. A notice is considered invalid if any of the following apply:
a. it is not related to the contribution
b. it includes all or a part of an amount covered by a previous notice
c. when the member gave the notice –
- the fund no longer held the contribution
- the fund had begun to pay a super income stream based in whole or part on the contribution
- they were not a member of the fund
d. before the member gave the notice –
- they had made a contributions-splitting application in relation to the contribution, and
- the fund had received the application and not rejected it
4. Variations to the deductions are only accepted if it reduces the amount of the deduction to be claimed, including reducing it to nil. If a member wants to increase the amount they are going to claim as a tax deduction, they must lodge a separate notice of intent to claim a deduction for the additional amount. This will be a new notice rather than a variation.