ATO scrutinising re-reporting

capital gains tax ATO taxation SMSFs self-managed superannuation funds australian taxation office capital gains SMSF

12 September 2011
| By Mike Taylor |
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The Australian Taxation Office (ATO) has signalled it will be taking a close look at the rules around life superannuation capital gains tax and excess contributions tax.

The ATO's Assistant Commissioner, superannuation, Stuart Forsyth told last week's Small Independent Super Funds Association forum there was concern that in some cases the lifetime super capital gains tax cap was being used incorrectly or inappropriately to exclude amounts from the non-concessional tax.

"This is an area that we will be looking at closely," he said.

Forsyth told the forum that breaches of the excess contributions tax rules would continue to be a priority for the ATO.

"We've identified and taken action on a number of cases of inappropriate re-reporting of contributions information by self-managed superannuation funds (SMSFs) that have led to a reduction of an individual's ECT liability," he said.

"This is an area that we'll continue to focus on this year," Forsyth said.

The Assistant Commissioner said the ATO planned to undertake 100 reviews of SMSF re-reporting in the current financial year.

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