Review into the Australian Taxation Office’s compliance approach to individual taxpayers – superannuation excess contributions tax
A report to the Assistant Treasurer
March 2014
Table of Contents
Chapter 2: Structure of the ECT
Chapter 3: The ATO’s ECT end-to-end process
Chapter 4: ATO advice and guidance
Appendix 1: Terms of reference and submission guidelines
Appendix 2: The Commissioner’s discretion end-to-end process
Telephone: (02) 8239 2111
Facsimile: (02) 8239 2100
Level 19, 50 Bridge Street
Sydney NSW 2000
GPO Box 551
Sydney NSW 2001
28 March 2014
Senator the Hon Mathias Cormann
Acting Assistant Treasurer
Parliament House
Canberra ACT 2600
Dear Minister
Review into the Australian Taxation Office’s Compliance Approach to Individual Taxpayers — Superannuation Excess Contributions Tax
I am pleased to present you with my report of the above review which is one of three concurrent reviews examining aspects of the Australian Taxation Office’s (ATO) compliance approach to individual taxpayers.
I have made two recommendations for the Government to consider regarding the superannuation excess contributions tax (ECT) regime. One of these recommendations is aimed at situations where taxpayers exceed the concessional or non-concessional caps through matters beyond their control or a genuine mistake whilst the other recommendation targets excess non-concessional contributions more generally.
Nine other recommendations have been made which, in the main, seek to improve the administration of the ECT through further ATO assistance being provided to taxpayers in monitoring their contribution levels. The ATO has agreed in full, in part or in principle with eight of these nine recommendations. The ATO has disagreed with a specific recommendation directed at the de minimis concession.
I offer my thanks for the support and contribution of taxpayers, tax professionals and their representative bodies as well as superannuation funds and associations. I also thank the relevant ATO and Treasury officers for their professional cooperation and assistance in this review as well as officers of other Government agencies, such as the Commonwealth Ombudsman.
Yours faithfully
SIGNED
Ali Noroozi
Inspector-General of Taxation
© Commonwealth of Australia 2014
ISBN 978-0-642-74959-8
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