Military super phase 2 remediation

Affected by the Douglas decision? The ATO may send you a letter

The Australian Taxation Office (ATO) is sending letters to some veterans who are affected by the Douglas Full Federal Court decision for the 2010-11 to 2019-20 income years. This covers invalidity pensions paid to veterans under the MSBS (Military Super Benefit Scheme) or DFRDBS (Defence Force Retirement and Death Benefits Scheme) that commenced on or after 20 September 2007.

The ATO says that over 2,500 veterans have asked to have their prior year assessments amended since this Court decision. Most of these veterans have received tax refunds.

The ATO is sending letters to veterans who have not yet requested a review for prior years. If you have not yet had your amendments done, your letter will be issued in the coming months. The ATO urges veterans to be patient as there are many people to contact.

The letters will include a brief form to complete and a reply-paid envelope. Veterans should consider their personal circumstances and if they want to participate in the ATO’s review process.

If you use a tax agent, the ATO will let them know they are sending you a letter. This will make it easier if you need to call your agent about the letter.

The ATO says it is committed to finalising reviews as quickly as possible, but each person’s circumstances are different. It may take a while to determine any refund owing to you, but they will keep you informed along the way.

You can get the latest information about the Douglas decision and the simplified review process on the ATO’s website at

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