{"id":6195,"date":"2016-05-09T18:20:19","date_gmt":"2016-05-09T08:20:19","guid":{"rendered":"http:\/\/www.dbalawyers.com.au\/?p=6195"},"modified":"2017-11-13T13:47:38","modified_gmt":"2017-11-13T02:47:38","slug":"new-500000-lifetime-contribution-cap-retrospective-bad-law","status":"publish","type":"post","link":"https:\/\/www.dbalawyers.com.au\/announcements\/new-500000-lifetime-contribution-cap-retrospective-bad-law\/","title":{"rendered":"The new $500,000 lifetime contribution cap is retrospective and bad law"},"content":{"rendered":"
\"The<\/div>\n

Almost 9 years of retrospective law<\/h3>\n

One of the most disturbing aspects of the $500,000 lifetime non-concessional contribution (NCC) cap announcement in the 3 May 2016 Federal Budget is that the new lifetime NCC cap catches prior NCC\u2019s made since 1 July 2007.<\/p>\n

We consider the implementation of this announcement would effectively give rise to retrospective legislation for almost 9 years (ie, 1 July 2007 to 7.30pm (AEST) on 3 May 2016 is around 3,230 days or just over 8.8 years). Thus, people who have previously relied on the law during this 9 year period in making contributions to their super funds may now have no or little lifetime NCC cap left remaining.<\/p>\n

We acknowledge that if your NCCs made during the prior 9 year period did not exceed $500,000, then there may be some remaining cap. For example, if someone had only made $10,000 of NCCs, they will have a $490,000 remaining cap.<\/p>\n

However, if someone makes an NCC after the Budget announcement at 7.30pm on 3 May 2016, including any NCCs made in the prior 9 year period that exceeds $500,000, then their super fund must either reject any excess amount or the excess will be taxed at 49% if the member leaves the excess in their super account if possible. (There is doubt as to whether the announcement will allow the excess to remain in the superannuation fund given the little detail on this announced change).<\/p>\n

If we trace back recent history, recent limits on making NCCs can be summarised as follows:<\/p>\n