Can my client make a COVID-19 re-contribution without the ATO-approved form?
No, the client must provide notice by the ATO-approved form either before or at the time of making the contribution.
The ATO approved form can be found on the ATO website under Notice of re-contribution of COVID-19 early release amounts (NAT75394).
What happens if the declaration is received after my client makes COVID-19 re-contributions?
It’s a legal requirement we receive an ATO-approved form declaring the contribution is to be treated as a COVID-19 re-contribution at the time or before the contribution is made. If the form, including the date on the form, hasn’t been completed and submitted to the super fund, the contribution can’t be treated as a COVID-19 re-contribution.
We can accept the contribution as a personal contribution depending on the method used by your client to make the contribution and it will count towards your client’s non-concessional cap.
Can my client make multiple COVID-19 re-contributions?
Yes, your client can make multiple contributions between 1 July 2021 and 30 June 2030. The maximum amount contributed under this contribution type can't exceed the amount accessed by the client under the ATO's COVID-19 early release superannuation scheme.
Can my client make multiple COVID-19 re-contributions covered by one ATO-approved form?
One ATO-approved form may cover multiple contributions in a financial year, as long as the form is provided to the super fund on or before the time when the contributions are made.
Can my client claim a deduction on the personal contribution amount that is to be considered a COVID-19 re-contribution?
No, tax law doesn’t allow COVID-19 re-contributions to be claimed as a tax deduction. This is also noted in the ‘Requirements’ section of the ATO-approved form.
Can my client digitally sign the ATO-approved form?
Yes, we can accept digital signatures on the notice of re-contribution of COVID-19 early release amounts using the following electronic signature providers:
- Adobe® Sign
- DocuSign®
- Conga®
- Iress® Digital Signature
- OneSpan®
- Annature
Please note that you need to submit the electronically signed form and the Certificate of Completion from either your client’s or the lead adviser’s email address, or uploaded via Request Centre.
®Registered to Adobe
®Conga is a registered trademark of AppExtremes, LLC. ABN 64 159 755 629 registered in the U.S. and other countries
®Registered to DocuSign Inc ABN 27 308 800 598
®Registered to Iress Limited ABN 47 060 313 359
®OneSpan™ is a registered trademark of OneSpan North America Inc. and its affiliates in the U.S. and other countries including Australia ABN 59 091 768 688.
My client provided the ATO-approved form but didn’t make the re-contribution to your fund. What happens now?
The ATO will see from the superannuation fund’s reporting that there isn’t any related personal contribution and no amounts would be treated as a COVID-19 re-contribution in that Fund.
What happens if the amount on the ATO-approved form is less than the amount contributed?
The ATO will see from the superannuation fund’s reporting that there is a difference and only treat the amount stated on the ATO-approved form as being excluded from the non-concessional contributions cap (provided this amount doesn’t exceed the approved COVID-19 early release amount).
What happens where my client declared on the ATO-approved form more than the amount contributed?
The ATO will see from the superannuation fund's reporting that there is a difference and only treat the amount of the actual contribution as being excluded from the non-concessional contributions cap.
The ATO will then treat the portion of the next personal contribution(s) in that financial year, if any, as a COVID-19 re-contribution up to the amount on the ATO-approved form or the approved early release amount, whichever is the lesser.
Is a COVID-19 re-contribution a preserved tax-free amount?
The COVID-19 re-contribution will be preserved until the client meets a condition of release. The contribution will add to the tax-free component of their superannuation account.
For more information about the COVID-19 changes to early release of super and pension minimums, please see ASIC’s MoneySmart website or the ATO’s COVID-19 page.