Can I pay My “Division 293 Tax” from my SMSF
This tax is quite frustrating. Since my earnings and concessional contributions exceed $250,000, I am subject to additional tax of 15% on the concessional contributions I make to my self-managed super fund (SMSF).
More annoying is the administration that I have to go through to pay the tax.
Division 293 tax is a personal tax not really part of your SMSF Tax Return but I am allowed to have it released from my super balance held by my SMSF instead of paying it myself.
Of course, I can’t just pay it from my fund’s bank account when I receive the notice of assessment. There are a lot of hoops I must jump through.
The ATO assesses the tax and determine I am eligible to pay the additional Division 293 tax (surcharge) and send me a notice of assessment with a release authority which I can use to elect to release the surcharge from my super balance held in my SMSF.
The surcharge must be paid in accordance with the notice and by the time indicated. Of course, I have the right to object if I believe the assessment is incorrect however, for the sake of this discussion, I am assuming it is correctly determined.
Here’s the catch: there is a considerable gap between the deadline for paying the assessment and the period allowed to ask my SMSF to cover the surcharge and withdraw funds from my super.
- I must pay my Division 293 surcharge within 21 days of receiving my notice of assessment
- I have 60 days from the date of the Division 293 assessment to make my election
- After I receive the release authority from the ATO I have 10 business days to make the payment to the ATO
Although I can cover the Division 293 surcharge using my SMSF, it’s not mandatory. I have the option to pay it out of my own pocket and keep my super intact. If I choose to withdraw the amount from my fund, it may be better to pay it personally and then request my SMSF to reimburse me. This may avoid penalties or interest due to late payment if.
Do not pay the surcharge from your SMSF bank account before receiving a release authority from the ATO.