Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1997 - SECT 290.180

Notice may be varied but not revoked or withdrawn

  (1)   You cannot revoke or withdraw a valid notice in relation to the contribution (or a part of the contribution).

  (2)   You can vary a valid notice, but only so as to reduce the amount stated in relation to the contribution (including to nil). You do so by giving notice to the trustee or the * RSA provider in the * approved form.

  (3)   However, you cannot vary a valid notice after:

  (a)   if you have lodged your * 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 that day; or

  (b)   otherwise--the end of the next income year.

  (3A)   The variation is not effective if, when you make it:

  (a)   you were not a member of the fund or the holder of the * RSA; or

  (b)   the trustee or * RSA provider no longer holds the contribution; or

  (c)   the trustee or RSA provider has begun to pay a * superannuation income stream based in whole or part on the contribution.

  (4)   Subsection   (3) does not apply to a variation if:

  (a)   you claimed a deduction for the contribution (or a part of the contribution); and

  (b)   the deduction is not allowable (in whole or in part); and

  (c)   the variation reduces the amount stated in relation to the contribution by the amount not allowable as a deduction.

Application to successor funds

  (5)   Subsections   (2) and (3A) apply as if:

  (a)   the reference in subsection   (3A) to the fund or * RSA were a reference to a * successor fund; and

  (b)   references in those subsections to the trustee or * RSA provider were references to the trustee or RSA provider of the successor fund;

if, after a valid notice is given under section   290 - 170 in relation to the contribution, all of the * superannuation interest to which the notice relates is transferred to the successor fund.

Table of sections

290 - 230   Offset for spouse contribution

290 - 235   Limit on amount of tax offsets

290 - 240   Tax file number


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