How much tax you pay on your super contributions and withdrawals depends on:

  • your total super amount
  • your age
  • the type of contribution or withdrawal you make

If you inherit someone’s super after they die, the person’s super fund pays you a super death benefit. You may have to pay tax on some of this benefit.

Because everyone’s situation is different, it’s always best to get advice about tax matters. Contact the Australian Taxation Office (ATO) or speak to us.

How super contributions are taxed

Money paid into your super account by your employer is taxed at 15%. So are salary-sacrificed contributions, also known as concessional contributions.

There are some exceptions to this rule:

  • If you earn $37,000 or less, the tax is paid back into your super account through the low-income super tax offset (LISTO) .
  • If your income and super contributions combined are more than $250,000, you pay Division 293 tax, an extra 15%.

If you make contributions from your after-tax income – known as non-concessional contributions – you don’t pay any contributions tax.

See the ATO website for more information about how much tax you’ll pay on super contributions.

Smart tip: To avoid paying extra tax on your super, make sure you give your super fund your Tax File Number.

How super investment earnings are taxed

Earnings on investments within your super fund are taxed at 15%. This includes interest and dividends, less any tax deductions or credits.

How super withdrawals are taxed

The amount of tax you pay depends on whether you withdraw your super as:

  • a super income stream, or
  • a lump sum

Everyone’s financial situation is unique, especially when it comes to tax. Make an informed decision. We recommend speaking to us before you decide to withdraw your super.

Super income stream

A super income stream is when you withdraw your money as small regular payments over a long period of time.

If you’re aged 60 or over, this income is usually tax-free.

If you’re under 60, you may pay tax on your super income stream.

Lump sum withdrawals

If you’re aged 60 or over and withdraw a lump sum:

  • You don’t pay any tax when you withdraw from a taxed super fund.
  • You may pay tax if you withdraw from an untaxed super fund, such as a public sector fund.

If you’re under age 60 and withdraw a lump sum:

  • You don’t pay tax if you withdraw up to the ‘low rate cap’, currently $260,000.
  • If you withdraw an amount above the low rate cap, you pay 17% tax (including the Medicare levy) or your marginal tax rate, whichever is lower.

If you have not yet reached your preservation age:

  • You pay 22% (including the Medicare levy) or your marginal tax rate, whichever is lower.

When someone dies

When someone dies, their super is usually paid to their beneficiary. This is called a super death benefit.

If you’re a beneficiary, the amount of tax you pay on a death benefit depends on:

  • the tax-free and taxable components of the super
  • whether you’re a dependent for tax purposes
  • whether you take the benefit as an income stream or a lump sum

Contact us today if you have any questions.

 

 

Reproduced with the permission of ASIC’s MoneySmart Team. This article was originally published at Moneysmart .
Important note: This provides general information and hasn’t taken your circumstances into account. It’s important to consider your particular circumstances before deciding what’s right for you. Although the information is from sources considered reliable, we do not guarantee that it is accurate or complete. You should not rely upon it and should seek qualified advice before making any investment decision. Although the information is from sources considered reliable, we do not guarantee that it is accurate or complete and accept no liability except where required by law.” .
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Self-managed superannuation funds (SMSFs) have long been associated with older Australians and small business owners looking for greater control over their retirement savings.

But recent data suggests the sector is undergoing a quiet transformation.

Alongside tax reforms and persistent compliance challenges, younger people are slowly moving into the SMSF space. While 85 per cent of SMSF members are 45 years or older, there’s been significant growth in members aged between 25 and 34 years from just 2.4 per cent two years ago to around 10 per cent now.i

Almost 8,000 new SMSFs were established in the three months to the end of March 2025 with the number of new members increasing by 13,000. Australia’s SMSFs hold an estimated $1.02 trillion in assets with 26 per cent invested in listed shares and 16 per cent in cash and term deposits.

A new tax era

The new Division 296 super tax, due to apply from 1 July 2025, is aimed at those with total superannuation balances exceeding $3 million. An extra 15 per cent tax will apply to earnings on the portion of a member’s balance above $3 million, effectively lifting the tax rate on those earnings to 30 per cent.

What makes Division 296 particularly contentious is the inclusion of unrealised gains. For example, a share portfolio the SMSF holds has seen positive returns. Trustees may face tax liabilities on paper profits, even if assets haven’t been sold. This may cause issues for SMSFs holding illiquid assets such as property or farmland that has increased in value.

SMSF Australia and other industry bodies have raised concerns about fairness, complexity and the potential for unintended consequences.

Trustees with high balances should begin planning now before 30 June 2026, to consider asset rebalancing, contribution strategies and the timing of withdrawals. SMSF Australia recommends obtaining advice about your specific circumstances.ii

The advice gap

Despite the increasing complexity of SMSF regulation, the vast majority of trustees continue to operate without professional advice. While the number of SMSFs using financial advisers has grown to 155,000, up from 140,000 in 2023, some 483,000 are not using a financial adviser. iii

This could lead to costly mistakes, especially when navigating contribution caps, pension strategies or related-party transactions. SMSF Australia says that while there’s no legal requirement to obtain advice from a licensed financial planner, “unless you have the skills and expertise to do this yourself, it is certainly conventional wisdom to do so”.iv

The compliance burden

Every SMSF must undergo an annual audit by an approved SMSF auditor. This includes verifying the fund’s financial statements and ensuring it is compliant with super laws. Trustees are also required to value all fund assets at market value as at 30 June each year, using objective and supportable data.

For property and other complex assets, valuations can be time-consuming and costly. The ATO recommends using qualified independent valuers when assets represent a significant portion of the fund or are difficult to assess. Auditors may request evidence such as comparable sales, agent appraisals or formal valuation reports.v

Failure to maintain accurate records or provide sufficient documentation can result in audit delays, contraventions or penalties. Trustees must also ensure their investment strategy is regularly reviewed and documented, particularly when starting pensions or making significant contributions.

Looking ahead

As the SMSF sector evolves, trustees face a dual challenge: adapting to new tax rules and maintaining rigorous compliance. For those considering an SMSF – or already managing one – the message is clear. Getting financial advice can give you peace of mind when the rules are regularly changing.vi

With Division 296 to contend with and a younger demographic stepping in, the sector is poised for both growth and greater scrutiny.

Whether you’re a seasoned trustee or just starting out, now is the time to review your fund’s structure, seek expert guidance and ensure your paperwork is in order. The future of SMSFs may be more dynamic than ever, but it will also demand greater diligence.

Contact us if you have any questions.

Highlights: SMSF quarterly statistical report March 2025 | Australian Taxation Office

ii Understanding Div296 I How will taxation of unrealised gains work

iii New SMSF trustees propel uptake of financial advice, but $1 trillion sector still has significant advice gaps | Vanguard Australia

iv What are the rules for Financial Planners giving SMSF Advice? – SMSF Australia

v SMSF administration and reporting | Australian Taxation Office

vi About SMSFs | Australian Taxation Office

Super guarantee rate now 12%: what it means for employers

From 1 July 2025, the superannuation guarantee (SG) rate officially rose to 12% of ordinary time earnings (OTE). This is the final step in the gradual increase legislated under previous reforms.

What’s changed?

Old rate: 11.5% (up to 30 June 2025)
New rate: 12% (from 1 July 2025)

This increase affects cash flow, payroll accruals and employment contracts, especially where total remuneration includes superannuation.

Employer checklist

  • Update payroll software: ensure systems are calculating 12% SG correctly from 1 July 2025 pay runs
  • Review employment agreements: if contracts are set to inclusive of super, the take-home pay of employees may reduce unless renegotiated or the employer decides to bear the cost of the increased SG rate
  • Budget for higher super contributions: consider possible cash flow impacts
  • Remember that significant penalties can be imposed for late or incorrect SG payments, including loss of deductions, interest and other administration charges.

Personal superannuation contributions

The annual concessional contribution cap will remain at $30,000 for the 2025/2026 financial year. The annual non-concessional contribution (NCC) cap is set at four times the concessional contribution cap meaning it will also remain at $120,000.

Although the annual NCC cap has not changed, NCCs can now be made by individuals with a total super balance (TSB) of less than $2,000,000 on 30 June 2025 (assuming they have not reached the age 75 deadline and any prior bring forward periods are considered). This is due to the fact that the upper TSB limit links to the general transfer balance cap (TBC) which has increased to $2,000,000.

The relevant TSB amounts for NCCs in the 2025/2026 financial year are summarised in the table below:

Total Super Balance – 30 June 2025 NCC Cap Allowable bring forward period
Less than $1.76m $360,000 3 Years
$1.76m to $1.88m $240,000 2 Years
$1.88m to $2.0m $120,000 No bring forward
$2.0m and above Nil Nil

 

Personal deductible contributions

A superannuation fund member may be able to claim a deduction for personal contributions made to their super fund with personal after-tax funds. A member will normally be eligible to claim a deduction if:

  • The member makes an after-tax contribution to their superannuation fund in the relevant financial year
  • They are aged under 67 or 67 to 74 and meet a work test or work test exemption
  • They have provided the superannuation fund with a valid notice of intent to claim
  • The super fund has provided the member with acknowledgement of the notice of intent to claim

Notice of intent to claim

If the member is eligible and would like to claim a deduction, then they must notify their super fund that they intend to claim a deduction.

The notice must be valid and in the approved form – Notice of Intent to Claim or vary a deduction for personal super contributions (NAT 71121).

The tax legislation provides a notice of intent to claim will be valid if:

  • The individual is still a member of the fund
  • The fund still holds the contribution
  • It does not include all or part of an amount covered by a previous notice
  • The fund has not started paying a super income stream using any of the contribution
  • The contributions in the notice of intent have not been released from the fund that the individual has given notice to under the FHSS scheme
  • The contributions in the notice of intent don’t include FHSSS amounts that have been recontributed to the fund.

What you need to consider

The member must provide the notice of intent to claim to the fund by the earlier of:

  • The day the individual lodges their income tax return for the relevant financial year; or
  • 30 June of the following financial year in which the individual made the contribution.

However, if a super fund member provides a notice of intent after they have rolled over their entire super interest to another fund, withdrawn the entire super interest (paid it out of super as a lump sum), or commenced a pension with any part of the contribution, the notice will not be valid.

This means the individual will not be able to claim a deduction for the personal contributions made before the rollover or withdrawal.

Updated superannuation and tax thresholds: 2025/2026

2024/2025 2025/2026
General transfer balance cap $1,900,000 $2,000,000
Defined benefit income cap $118,750 $125,000
CGT lifetime Cap $1,780,000 $1,865,000
Untaxed plan cap – Lifetime $1,780,000 $1,865,000
Superannuation Guarantee – Maximum Contributions base

(per quarter)

$65,070 $62,500
PCG 2016/5 Safe Harbour rates for related party LRBA’s 9.35% 8.95%

 

Remaining unchanged

The following thresholds will remain unchanged for the 2025/2026 financial year.

Concessional contribution cap $30,000
Non-concessional contribution cap – standard $120,000
Non concessional contribution cap – maximum bring forward over 3 financial years $360,000
Division 293 – Annual adjusted taxable income $250,000

Title Searches

Title searches are now an annual requirement for the SMSF Auditors to be satisfied that:

  • The ownership of the property is held in the correct name.
  • Evidence that there are no charges over the property, to ensure the fund complies with SIS Regulation 13.14.

From 1 July 2025, the SMSF Auditors will be requesting a title search each year for each property held by the SMSF. The title search will need to be dated after the audit year-end. This means that for the 30 June 2025 year-end audit, a title search will need to be dated 1 July 2025 or later.

Property Valuations

Property valuations must always be recorded at market value and the ATO made a point of reminding SMSF trustees of this last year when they issued over 16,000 letters where an asset was held at the same value for several years.

For residential properties, the process is relatively simple as we will generate an automated desktop valuation through our SMSF processing software.

For commercial properties or farmland, an independent valuation must be obtained within 6 months of 30 June e.g. for the 30 June 2025 year-end audit, it would need to be dated between 1 January 2025 and 31 December 2025. For the next two years after the independent valuation was obtained, the following alternate valuation methods can be applied:

  • Net capitalisation method – if evidence is provided of an appropriate market yield, this yield can be applied to the current rent.
  • Annual growth rate – if evidence is provided of an appropriate annual growth rate, this rate can be applied to the last independent valuation.
  • Comparative sales – recent comparable sales for similar properties in the area can be used.

As we rapidly approach yet another end of financial year it may be timely for you to consider a little financial “housekeeping”. I have therefore listed a few important considerations depending on your own circumstances.

Superannuation

Firstly, for many individuals Superannuation is often an important consideration at this time of year. So, let’s look at some of the important issues remembering that this may not be relevant to your personal circumstances and so very important that you talk to your adviser or obtain personal advice relevant to you.

Concessional (Deductible) Super contributions:

  • The limit this year (20/21 FY) for personal deductible and employer super contributions combined is $25,000. Important to remember that some people are also claiming deductions on insurance policy premiums that are held inside super, this amount is also included in the $25,000 Deductible/employer limit.
  • For any contributions to count toward this financial year the contributions need to be made and cleared within the fund prior to 30/6/2021. We normally find that Super Guarantee employer contributions for June will normally only hit your fund after 30/6 and therefore only count toward next year’s limits. The same applies to last year’s contributions.
  • Any excess deductible/employer contributions over the $25,000 will firstly count toward what is called your non concessional (or after-tax contribution limit). Then the excess contributions will be taxed at your marginal tax rate as if you had received this amount as income and a small excess contribution charge of around 3% pa may apply. You may also elect to withdraw the excess contribution from the fund once the ATO has provided you with their determination post completion of your personal tax return.
  • In some cases, depending on your age, you will also need to meet a work test to make a super contribution.
  • Super contribution limits for next year (21/22) are increasing to $27,500 for concessional (deductible limits)
  • The employer super guarantee (SG) rate of super for this financial year is 9.5% increasing to 10% next year and will gradually increase to 12% over time.

Other Contributions and Limits

  • The Non-Concessional (tax-free) limit for this year is $100,000. Again, must be deposited before 30 June. Please ensure you have not triggered the 3 year bring forward rule in the previous 2 financial years.
  • Next year the limit increases to $110,000.
  • The other change here is that the cap on the amount of total superannuation that can be converted to a pension will increase from $1.6 to $1.7mil next financial year.

Superannuation pensions:

  • Important to ensure that you have taken the minimum pension prescribed for 20/21 year. This rate of pension depends on a combination of your balance as at the start of the financial year as well as your age. The Government decided that because of Covid 19 the pension rate would be halved this financial year. That is, if the minimum rate of pension in your case was 5% of the super balance, then you would only need to take out 2.5% as a minimum. Please contact us if you are unsure what this amount is.
  • Next year the minimum pension rate was due to end on 30th June 2021. The Government recently announced that it would be extending this reduction to the 21/22 year as well.  This does not mean that you must take the reduced level of pension, as you would still have the option of taking an amount above this minimum level.
  • Consideration may also need to be given, for those larger super balances, as to when you would look to commence a pension, if not already done so. The reason for this is that as mentioned in the previous section, the cap on how much you can have in a pension is increasing to $1.7mil from 1/7/21.

Other considerations:

Whenever we think about financial housekeeping, the other things that come to mind are investment, insurance, and estate planning.

  • June is a good month to review all your investments, not only superannuation. With a sharp rebound in many share markets over the last 12 months it may be appropriate to offset any capital gains against prior carried forward losses or rearrange your portfolio by selling a loss-making investment to offset realised gains obtained during this year.  Again, this depends on your individual circumstances as one size does not fit all.
  • At this time of year, it is also a good time to review your insurance policies to determine whether you have sufficient or perhaps too much cover depending on changed circumstances. Are you perhaps paying for insurance outside of super when it may be possible to have that inside super and be able to claim the premium as a tax deduction? Remembering that not all insurances can be claimed as a deduction.
  • By estate planning we refer mainly to wills and powers of attorney. Whilst not necessarily directly related to super or investment it is very important that you review these documents on a regular basis to determine whether they are still appropriate given any recent changes to your circumstances. Anything such as relationship changes for you or a family member, new addition to your family, asset purchases or sales, recent inheritances, death in the family or increased employment or business risks can be a trigger to re-examine your estate planning arrangements. Too often we find that people will complete their estate planning 5, 10 or even 20 years ago and then store it in the bottom drawer without any further reference. Inherent in its name, estate planning really is about forward planning. It is important that you regularly turn your mind to whether your current arrangements are still fitting with your wishes and your circumstances. Failing to put things in place and regularly review during your lifetime will likely result in increased costs and unnecessary complexities for the loved ones you leave behind. Please let us know if you or a family member would like to have your estate planning reviewed by our specialist department.

On behalf of the Quill team, I would like to thank you for your continued support during a financial year that was more challenging than most and which not only created some challenges for our clients but also our team. Let’s hope that next financial year sees a continued improvement on the economic front as well as an improvement in freedom of travel.

Disclaimer

The information contained in this article is provided by Quill Group Financial Services in good faith and provides factual information and general advice only. No direct or implied recommendations are given in the material. It has been provided without taking into account your investment objectives, financial situation and particular needs. Before making a decision on the basis of any information contained in this article you need to consider whether it is relevant in your particular circumstances.

Budget Summary

The 2021-22 Federal Budget is a balancing act between a better than anticipated deficit ($106 bn), an impending election, and the need to invest in the long term.

Key initiatives include:

  • Extension of temporary full expensing and loss-carry back providing immediate deductions for business investment in capital assets
  • Introduction of a ‘patent box’ offering tax concessions on income derived from medical and biotech patents
  • Tax and investment incentives for the digital economy
  • Extension of the low and middle income tax offset
  • Child care subsidy increase for families with multiple children
  • $17.7 billion over 5 years to reform aged care
  • $2.3 billion on mental health infrastructure and programs
  • New and extended home ownership programs for first home owners and single parents

It is also a human budget (cynics would say voter focussed), with $17.7 billion dedicated to aged care, more money in the pockets of low income earners, the COVID vaccine rollout, $2 billion for mental health, a women’s economic package including a child care subsidy increase and funding to prevent violence, and a Royal Commission into defence and veteran suicide.

There will also be a lot of money flowing through to the private sector to those that are capable of developing new technologies. Momentum and drive to develop new initiatives is a strong theme and in some circumstances the Government will offset the risk of those initiatives – if you are in the right sectors.

The $1.2 billion digital economy strategy seeks to rewrite Australia’s underlying infrastructure and incentivise business to boldly develop towards a digital future. The program is broad – from upskilling the workforce, the expansion of consumer digital rights, the development of SME digitisation, Government service delivery, to cybersecurity.

Beyond digital, co-funding and seed capital is available to those developing new technologies that reduce emissions, and grow new export markets and jobs in this sector.

Productivity is a key take-out with several measures targeted at encouraging industry to innovate and develop including the extension of full expensing and the loss carry back measures.

Budget Detail

For You & Your Family

Low and middle income tax offset extended

Date of effectFrom 1 July 2021 to 30 June 2022

As widely predicted, the Low and Middle Income Tax Offset (LMITO) will be extended for another year. The LMITO provides a reduction in tax of up to $1,080 for individuals with a taxable income of up to $126,000 and will be retained for the 2021-22 year.

Taxable incomeOffset
$37,000 or less$255
Between $37,001 and $48,000$255 plus 7.5 cents for every dollar above $37,000, up to a maximum of $1,080
Between $48,001 and $90,000$1,080
Between $90,001 and $126,000$1,080 minus 3 cents for every dollar of the amount above $90,000

The tax offset is triggered when a taxpayer lodges their tax return.

Medicare levy low income threshold

Date of effect1 July 2020

The Government will increase the Medicare levy low-income thresholds for singles, families, and seniors and pensioners from 1 July 2020 to take account of recent movements in the CPI so that low-income taxpayers generally continue to be exempt from paying the Medicare levy.

2019-202020-21
Singles$22,801$23,226
Family threshold$38,474$39,167
Single seniors and pensioners$36,056$36,705
Family threshold for seniors and pensioners$50,191$51,094

For each dependent child or student, the family income thresholds increase by a further $3,597 instead of the previous amount of $3,533.

$250 self-education expense reduction removed

Date of effectFirst income year after the date of Royal Assent of the enabling legislation

Currently, individuals claiming a deduction for self-education expenses sometimes need to reduce the deductible amount by up to $250. The rules in this area are complex as they only apply to self-education expenses that fall within a specific category and certain non-deductible expenses can be offset against the $250 reduction. This reduction will be removed, which should make it easier for individuals to calculate their self-education deductions.

Child care subsidy increase for families with multiple children under 5 in child care

Previously announced

Date of effect1 July 2022

 From 1 July 2022 the Government will:

  • Increase child care subsidies available to families with more than one child aged five and under in child care, and
  • Remove the $10,560 cap on the Child Care Subsidy.

For those families with more than one child in child care, the level of subsidy received will increase by 30% to a maximum subsidy of 95% of fees paid for their second and subsequent children (tapered by income and hours of care).

Under the current system, the maximum child care subsidy payable is 85% of child care fees and it applies at the same rate per child, regardless of how many children a family may have in care.

Why? In October 2020, analysis by the Grattan Institute revealed that mothers lose 80%, 90% and even 100% of their take-home pay from working a fourth or fifth day after the additional childcare costs, clawback of the childcare subsidy, and tax and benefit changes are factored in.

 “Unsurprisingly, not many find the option of working for free or close to it particularly attractive. The “1.5 earner” model has become the norm in Australia. And our rates of part-time work for women are third-highest in the OECD. 

Childcare costs are the biggest contributor to these “workforce disincentives“. The maximum subsidy is not high enough for low-income families, and the steep taper and annual cap limit incentives to work beyond three days, across the income spectrum,” the report said.

Media release – Making child care more affordable and boosting workforce participation

Underwriting home ownership

Previously announced

The Government has announced new and expanded programs to assist Australians to buy a home.

2% deposit home loans for single parents

Date of effect1 July 2021

The Government will guarantee 10,000 single parents with dependants to enable them to access a home loan with a deposit as low as 2% under the Family Home Guarantee. Similar to the first home loan deposit scheme, the program will guarantee the additional 18% normally required for a deposit without lenders mortgage insurance.

The Family Home Guarantee is aimed at single parents with dependants, regardless of whether that single parent is a first home buyer or previous owner-occupier. Applicants must be Australian citizens, at least 18 years of age and have an annual taxable income of no more than $125,000.

Media release – Update from the Australian Government: Family Home Guarantee

Media release – Improving opportunities for home ownership

5% deposit home loans for first home buyers building new homes

Date of effect1 July 2021 to 30 June 2022

The First Home Loan Deposit Scheme will be extended by another 10,000 places from 1 July 2021 to 30 June 2022. Eligible first home buyers can build a new home with a deposit of as little as 5% (lenders criteria apply). The Government guarantees a participating lender up to 15% of the value of the property purchased that is financed by an eligible first home buyer’s home loan. Twenty seven participating lenders offer places under the scheme.

Under the scheme, first home buyers can build or purchase a new home, including newly-constructed dwellings, off-the-plan dwellings, house and land packages, land and a separate contract to build a new home, and can be used in conjunction with other schemes and concessions for first home buyers. Conditions and timeframes apply.

Media release – Update from the Australian Government: Family Home Guarantee

Media release – Improving opportunities for home ownership

FHLDS eligibility

First home saver scheme cap increase

Date of effect Start of the first financial year after Royal Assent of the enabling legislationExpected to be 1 July 2022

The first home super saver (FHSS) scheme allows you to save money for your first home inside your super fund, enabling you to save faster by accessing the concessional tax treatment of superannuation. You can make voluntary concessional (before-tax) and voluntary non-concessional (after-tax) contributions into your super fund and then apply to release those funds.

Currently under the scheme, participants can release up to $15,000 of the voluntary contributions (and earnings) they have made in a financial year up to a total of $30,000 across all years.

The Government has announced that the current maximum releasable amount of $30,000 will increase to $50,000.

The voluntary contributions made to superannuation are assessed under the applicable contribution caps; there is no separate cap for these amounts.

Amounts withdrawn will be taxed at marginal rates less a 30% offset. Non-concessional contributions made to the FHSS are not taxed. 

To be eligible for the scheme, you must be 18 years of age or over, never owned property in Australia, and have not previously applied to release superannuation amounts under the scheme. Eligibility is assessed on an individual basis. This means that couples, siblings or friends can each access their own eligible FHSS contributions to purchase the same property.

Media release – Improving opportunities for home ownership

JobTrainer extended

The Government has committed an additional $500 million to extend the JobTrainer Fund by a further 163,000 places and extend the program until 31 December 2022.  JobTrainer is matched by state and territory governments and provides job seekers, school leavers and young people access to free or low-fee training places in areas of skills shortages.

Full tax exemption for ADF personnel – operation Paladin

Date of effect 1 July 2020

The Government will provide a full income tax exemption for the pay and allowances of Australian Defence Force (ADF) personnel deployed to Operation Paladin. Operation Paladin is Australia’s contribution to the United Nations Truce Supervision Organisation, with ADF personnel deployed in Israel, Jordan, Syria, Lebanon and Egypt.

Your superannuation

Work test repealed for voluntary superannuation contributions

Date of effectThe first financial year after Royal Assent of the enabling legislation. Expected to be 1 July 2022

Individuals aged 67 to 74 years will be able to make or receive non-concessional or salary sacrifice superannuation contributions without meeting the work test. The contributions are subject to existing contribution caps and include contributions under the bring-forward rule.

Currently, the ‘work test’ requires individuals aged 67 to 74 years to work at least 40 hours over a 30 day period in a financial year to be able to make voluntary contributions (both concessional and non-concessional) to their superannuation, or receive contributions from their spouse.

Personal concessional contributions will remain subject to the ‘work test’ for those aged between 67-74.

Expanded access to ‘downsizer’ contributions from sale of family home

Date of effectThe first financial year after Royal Assent of the enabling legislation. Expected to be 1 July 2022

The eligibility age to access downsizer contributions will decrease from 65 years of age to 60.

Currently, downsizer contributions enable those over the age of 65 to contribute $300,000 from the proceeds of selling their home to their superannuation fund. These contributions are excluded from the existing age test, work test and the $1.7 million transfer balance threshold (but will not be exempt from your transfer balance cap).

Both members of a couple can take advantage of the concession for the same home. That is, if a couple have joint ownership of a property and meet the other criteria, both people can contribute up to $300,000 ($600,000 per couple).

Downsizer contributions apply to sales of a principal residence owned for the past ten or more years.

Sale proceeds contributed to superannuation under this measure will count towards the Age Pension assets test.

SMSF residency tests relaxed

Date of effectThe first financial year after Royal Assent of the enabling legislation. Expected to be 1 July 2022

The residency rules for Self Managed Superannuation Funds (SMSFs) and small APRA regulated funds (SAFs) will be relaxed by extending the central control and management test safe harbour from two to five years for SMSFs, and removing the active member test for both fund types. 

This change will enable SMSF and SAF members to contribute to their super while temporarily overseas, (as members of large APRA-regulated funds can do).

An SMSF must be considered an Australian Superannuation Fund in order to be a complying superannuation fund and receive tax concessions. If a super fund fails to meet the definition of an Australian Superannuation Fund then it is likely to become a non-complying, if this occurs the fund’s assets and income are taxed at the highest marginal tax rate.

This measure will enable SMSF and SAF members to keep and continue to contribute to their fund while predominantly undertaking overseas work and education opportunities.

SMSF legacy product conversions

Date of effectThe first financial year after Royal Assent of the enabling legislation

Individuals will be able to exit a specified range of legacy retirement products, together with any associated reserves, for a two-year period. This includes market-linked, life-expectancy and lifetime products, but not flexi-pension products or a lifetime product in a large APRA-regulated or public sector defined benefit scheme.

Currently, these products can only be converted into another like product and limits apply to the allocation of any associated reserves without counting towards an individual’s contribution caps.

The measure will permit full access to all of the product’s underlying capital, including any reserves, and allow individuals to potentially shift to more contemporary retirement products.

This will be a voluntary measure and not a mandated requirement for those individuals who hold these legacy accounts.

Social security and taxation treatment will not be grandfathered for any new products commenced with commuted funds and the commuted reserves will be taxed as an assessable contribution.

Early release of super scheme for victims of domestic violence not proceeding

The Government is not proceeding with the measure to extend early release of superannuation to victims of family and domestic violence.

Technical changes to First Home Super Saver Scheme

Technical changes will be made to the First Home Super Saver Scheme to reduce errors and streamline applications. These include:

  • Increasing the discretion of the Commissioner of Taxation to amend and revoke FHSSS applications
  • Allowing individuals to withdraw or amend their applications prior to receiving an FHSSS amount, and allow those who withdraw to re-apply for FHSSS releases in the future
  • Allowing the Commissioner of Taxation to return any released FHSSS money to superannuation funds, provided that the money has not yet been released to the individual
  • Clarifying that the money returned by the Commissioner of Taxation to superannuation funds is treated as funds’ non-assessable non-exempt income and does not count towards the individual’s contribution caps.

Business & employers

Temporary full expensing extension

Date of effectAssets acquired from 7:30pm AEDT on 6 October 2020 and first used or installed ready for use by 30 June 2023

Businesses with an aggregated turnover of less than $5 billion will be able to continue to fully expense the cost of new depreciable assets and the cost of improvements to existing eligible assets in the first year of use. Introduced in the 2020-21 Budget, this measure will enable an asset’s cost to continue to be fully deductible upfront rather than being claimed over the asset’s life, regardless of the cost of the asset. The extension means that the rules can apply to assets that are first used or installed ready for use by 30 June 2023.

Certain expenditure is excluded from this measure, such as improvements to land or buildings that are not treated as plant or as separate depreciating assets in their own right. Expenditure on these improvements would still normally be claimed at 2.5% or 4% per year.

The car limit will continue to place a cap on the deductions that can be claimed for luxury cars.

From 1 July 2023, normal depreciation arrangements will apply and the instant asset write-off threshold for small businesses with turnover of less than $10 million will revert back to $1,000.

Second-hand assets

For businesses with an aggregated turnover under $50 million, full expensing also applies to second-hand assets.

Small business pooling

Small business entities (with aggregated annual turnover of less than $10 million) using the simplified depreciation rules can deduct the full balance of their simplified depreciation pool at the end of the income year while full expensing applies. The provisions which prevent small businesses from re-entering the simplified depreciation regime for five years if they voluntarily leave the system will presumably continue to be suspended.

Opt-out rules

Taxpayers can choose not to apply the temporary full expensing rules to specific assets, although this choice is not currently available to small business entities that choose to apply the simplified depreciation rules for the relevant income year.

Temporary loss-carry back extension

Date of effectLosses from the 2019-20, 2020-21, 2021-22 or 2022-23 income years

Companies with an aggregated turnover of less than $5 billion will be able to carry back losses from the 2019-20, 2020-21, 2021-22 and 2022-23 income years to offset previously taxed profits in the 2018-19, 2019-20, 2020-21 and 2021-22 income years.

Under this measure tax losses can be applied against taxed profits in a previous year, generating a refundable tax offset in the year in which the loss is made. The amount carried back can be no more than the earlier taxed profits, limiting the refund by the company’s tax liabilities in the profit years. Further, the carry back cannot generate a franking account deficit meaning that the refund is further limited by the company’s franking account balance.

The tax refund will be available on election by eligible businesses when they lodge their 2020-21, 2021-22 and 2022-23 tax returns.

Before the measure was introduced in the 2020-21 Budget, companies were required to carry losses forward to offset profits in future years. Companies that do not elect to carry back losses can still carry losses forward as normal.

This measure will interact with the Government’s announcement to extend full expensing of investments in depreciating assets for another year. The new investment will generate significant tax losses in some cases which can then be carried back to generate cash refunds for eligible companies.

Residency tests rewrite

Date of effectThe first income year after the date of Royal Assent of the enabling legislation.

Determining whether an individual is a resident of Australia for tax purposes can be complex. The current residency tests for tax purposes can create uncertainty and are often subject to legal action. 

The Government will replace the individual tax residency rules with a new, modernised framework. The primary test will be a simple ‘bright line’ test – a person who is physically present in Australia for 183 days or more in any income year will be an Australian tax resident. Individuals who do not meet the primary test will be subject to secondary tests that depend on a combination of physical presence and measurable, objective criteria.

The modernisation of the residency framework is based on the Board of Taxation’s 2019 report Reforming individual tax residency rules – a model for modernisation.

Employee share scheme simplification

Date of effectESS interests issued from the first income year after Royal Assent of the enabling legislation

Employee share schemes provide an opportunity for employers to offer employees a stake in the growth of the company by issuing interests such as shares, rights (including options) or other financial products to their employees, usually at a discount.

The Government has moved to simplify employee share schemes and make them more attractive by removing the cessation of employment taxing point for tax-deferred Employee Share Schemes (ESS). Currently, when an employee receives shares or options that are subject to deferred taxation the taxing point is triggered when they cease employment with the company, even if they could still lose the shares or options in future or have not yet exercised the options they have received.

This will mean that under a tax-deferred ESS, where certain criteria are met, employees may continue to defer the taxing point even if they are no longer employed by the company. In broad terms, following this change the deferred taxing point will be the earliest of:

  • in the case of shares, when there is no risk of forfeiture and no restrictions on disposal
  • in the case of options, when the employee exercises the option and there is no risk of forfeiting the resulting shares and no restriction on disposal
  • the maximum period of deferral of 15 years.

Regulatory changes will also be made to reduce red tape where employers do not charge or lend to the employees to whom they offer ESS. Where employers do charge or lend, streamlining requirements will apply for unlisted companies making ESS offers that are valued at up to $30,000 per employee per year.

Fact sheet – Tax incentives to support the recovery

$450 per month threshold for super guarantee eligibility removed

Date of effectThe first financial year after Royal Assent of the enabling legislation. Expected to be 1 July 2022

Currently, employees need to earn $450 per month to be eligible to be paid the superannuation guarantee. This threshold will be removed so all employees will be paid super guarantee regardless of their income earned.

The Retirement Income Review estimated that around 300,000 individuals would receive additional superannuation guarantee payments each month once the threshold is removed.

Medical and biotech ‘patent box’ tax regime

Date of effect1 July 2022

Income derived from Australian medical and biotechnology patents will be taxed at a concessional effective corporate tax rate of 17% from 1 July 2022 under a new $206m ‘patent box’ tax regime.

Only granted patents, which were applied for after the Budget announcement, will be eligible and development will need to be domestic. That is, the patent box rewards companies to keep their IP within Australia. The preferential tax rate applies to income due to the patent and not from manufacturing, branding or other attributes.

The patent box concept is new to Australia but exists in twenty or so other countries including the UK and France. The Government will follow the OECD’s guidelines on patent boxes to ensure the patent box meets internationally accepted standards, and will consult with the industry on the design.

If effective, this same concept may also be applied to the clean energy sector.

Fact sheet – Tax incentives to support the recovery

Tax & investment incentives for the digital economy

Previously announced

As part of its Digital Economy Strategy package, the Government has committed to new and expanded funding to invest in the growth of digital industries and the adoption of digital technologies by small business.

Investment and tax incentives

The Government has committed to a series of tax incentives to support digital technologies:

Digital games tax offset

A 30% refundable tax offset for eligible businesses that spend a minimum of $500,000 on qualifying Australian games expenditure. The Digital Games Tax Offset will be available from 1 July 2022 to Australian resident companies or foreign resident companies with a permanent establishment in Australia. Industry consultation will commence in mid 2021 to establish the eligibility criteria and definition of qualifying expenditure.

 Self-assessment of the effective life of certain intangible assets

The income tax laws will be amended to allow taxpayers to self-assess the effective life of certain intangible assets, rather than being required to use the effective life currently prescribed by statute. The measure applies to assets acquired from 1 July 2023 (after the temporary full expensing regime has concluded) including patents, registered designs, copyrights and in-house software for tax purposes. Taxpayers will be able to bring deductions forward if they self-assess the assets as having a shorter effective life to the statutory life.

 Review of venture capital tax incentives

The effectiveness of the existing range of tax incentives designed to attract foreign investment and encourage venture capitalists to invest in early-stage Australian companies will be reviewed to ensure they are producing the intended results. This is code for the Government doesn’t think the money invested is achieving a genuine result and changes are likely to be recommended.

Australia’s digital economy – investment incentives fact sheet

Media release – A modern digital economy to secure Australia’s future

Emerging aviation technologies

The Government has committed $35.7m to support emerging aviation technologies, the bulk of which is committed to the Emerging Aviation Technology Partnerships (EATP) program. Partnering with industry, the program is focussed on:

  • growing manufacturing jobs in electric aviation
  • connecting regional communities
  • digital farming
  • boosting regional supply chains
  • improving health outcomes for remote Indigenous communities.

and is expected to include electric engines, drones and electric vertical take-off and landing aircraft.

Applications for EATP partners will be sought from local and international industry through a competitive application process in late 2021.

Artificial intelligence development

A package of measures to oversee and develop Australia’s use and integration of artificial intelligence (AI) including:

National AI centre

A new national AI centre to create the foundation for Australia’s AI and digital ecosystem within the CSIRO’s Data61. The centre will support projects that lift AI capability, provide a “front door” or SMEs looking for talent, and provide a central coordination for strategically aligned AI projects. Four Digital Capability Centres will be appointed through a competitive process focussing on specific applications of AI, such as robotics or AI assisted manufacturing. These Centres will provide SMEs with connections to AI equipment, tools and research, access to advice and training to help SMEs confidently adopt AI technologies, and links with the required AI expertise to identify business needs and connect them to leading researchers.

AI grant funding

Two grant funding programs (one national and one specifically for regional initiatives) for business to pilot AI projects that address key national challenges. Grantees will retain the intellectual property of their solution.

Media release – A modern digital economy to secure Australia’s future

Artificial intelligence

Expansion of small business digital support services

The Government has committed to:

  • A further $12.7m for the Digital Solutions – Australian Small Business Advisory Services Program that provides small businesses with access to digital solutions advisers to work with them to expand their use of digital technology. The Digital Solutions Program will pilot a program for the not-for-profit sector.
  • $15.3 m has been dedicated to drive electronic invoicing through the business community by working with payment providers, supply chain pilots, and education campaigns (E-invoicing will be mandatory for Government by July 2022). No direct incentives for adoption.

Media release – A modern digital economy to secure Australia’s future

SME Digitalisation


Investments in new technologies to reduce emissions

Previously announced

Date of effectFrom 2021-22

The Government will provide $1.6 billion over ten years from 2021-22 (including $761.9 million over four years from 2021-22) to incentivise private investment in technologies identified in the Government’s Technology Investment Roadmap and Low Emissions Technology Statements. Funding includes:

  • Creation of a technology co-investment facility that supports the development of regional hydrogen hubs, carbon capture, use and storage technologies, very low cost soil carbon measurement and new agricultural feed technologies, a high-integrity carbon offset scheme in the Indo-Pacific region, and support the implementation of the Technology Investment Roadmap and Low Emissions Technology Statements
  • Establish the below baseline crediting mechanism recommended by the King Review and help realise abatement opportunities in large industrial facilities
  • Support for Australian businesses and supply chains to reduce their energy costs and improve productivity through the uptake of more energy efficient industrial equipment and business practices
  • Early stage seed capital financing function within the Australian Renewable Energy Agency (ARENA).

Media Release – Jobs Boost From New Emissions Reduction Projects

Media Release – Cutting Emissions And Creating Jobs With International Partnerships


Tax residency rules for trusts and limited partnerships

In the 2020-21 Budget, the Government announced that the corporate tax residency rules would be amended to address the uncertainty that currently exists when trying to determine the residency status of a company that has been incorporated overseas.

These amendments have not yet been made, but the Government has announced that it will also consult on broadening the scope of the amendments to trusts and corporate limited partnerships as part of the consultation process dealing with the company residency rules.


Junior Minerals exploration tax incentive extended

The Junior Minerals Exploration Incentive program provides a tax incentive for investment in junior minerals exploration companies raising capital to fund greenfields exploration activity.

Eligible companies are able to create exploration credits by giving up a portion of their tax losses relating to exploration expenditure, which can then be distributed to new investors as a refundable tax offset or a franking credit.

The program has been extended for four years from 1 July 2021 to 30 June 2025.

The Government will also make minor legislative amendments to allow unused exploration credits to be redistributed a year earlier than under current settings.


Tax relief for brewers and distillers – annual cap increased to $350k

Previously announced

Date of effect1 July 2021

From 1 July 2021, eligible brewers and distillers will be able to receive a full remission of any excise they pay, up to an annual cap of $350,000. Currently, eligible brewers and distillers are entitled to a refund of 60% of the excise they pay, up to an annual cap of $100,000.

The tax relief will align the benefit available under the Excise Refund Scheme for brewers and distillers with the Wine Equalisation Tax (WET) Producer Rebate.

Media release – Tax relief for small brewers and distillers to support jobs


Tax exemption for storm and flood grants for SMEs and primary producers

Date of effectGrants relating to storm and flood events between 19 February and 31 March 2021

Qualifying grants made to primary producers and small businesses affected by the storms and floods will be non-assessable non-exempt income for tax purposes.

Qualifying grants are Category D grants provided under the Disaster Recovery Funding Arrangements 2018, where those grants relate to the storms and floods in Australia that occurred due to rainfall events between 19 February 2021 and 31 March 2021. These include small business recovery grants of up to $50,000 and primary producer recovery grants of up to $75,000.


Student visa holders working in key sectors

Student visa holders will temporarily be able to work more than 40 hours per fortnight in key sectors:

  • Tourism and hospitality – student visa holders will be able to work more than 40 hours per fortnight, as long as they are employed in the tourism or hospitality sectors.
  • Agricultural sector – From 5 January 2021, work limitation conditions placed on student visa holders were temporarily lifted to allow these visa holders to work more than 40 hours per fortnight if they are employed in the agriculture sector. The Government has removed the requirement for applicants for the Temporary Activity visa (subclass 408) to demonstrate their attempts to depart Australia if they intend to undertake agricultural work. The period in which a temporary visa holder can apply for the Temporary Activity visa has also been extended from 28 days prior to visa expiry to 90 days prior to visa expiry.

Support for tertiary and international education providers

Date of effectFrom 2021-22

The Government is implementing a series of measures to assist tertiary and international education providers to help mitigate some of the impact of COVID-19. Funding includes:

  • $26.1 million over four years from 2021-22 to assist non-university higher education providers to attract more domestic students through offering 5,000 additional short course places in 2021
  • $9.4 million in 2021-22 to provide grants of up to $150,000 to eligible higher education and English language providers to support innovative online and offshore education delivery models
  • extending existing FEE-HELP loan fee exemption by six months to 31 December 2021

A range of Government fees and regulatory charges have also been either revised or postponed.


Extending supports for the arts sector

Previously announced

The Government will provide $222.9 million over two years from 2020-21 to continue to support the arts sector through the impacts of COVID-19.

Funding includes:

  • Expansion of the Restart Investment to Sustain and Expand Fund to provide financial support to support events or productions
  • Extension of the Temporary Interruption Fund for 2021-22
  • A program of support for independent cinemas

Producer Tax Offset rate holds at 40% for 2020-21

The Producer Tax Offset rate will stay at 40% for feature films with a theatrical release. The 2020-21 Budget had intended to reduce the rate to 30%.


Heavy road vehicle charge increase

Date of effect1 July 2021

The Heavy Vehicle Road User Charge will increase from 25.8 cents per litre to 26.4 cents per litre from 1 July 2021.


New avenue for small business to ‘pause’ ATO debt recovery

Previously announced

Date of effectDate of Royal Assent of the enabling legislation

Small businesses with an aggregated turnover of less than $10 million per year will be able to apply to the  Small Business Taxation Division of the Administrative Appeals Tribunal (AAT) to pause or modify ATO debt recovery action until their underlying case is decided.

Currently, small business can only pause ATO debt recovery action in the courts. This new avenue will enable a small business to pause ATO debt recovery until their case has been heard by the AAT.

Media release – Making it easier for small business to pause debt recovery action


Early engagement process for foreign businesses

Date of effect1 July 2021

The ATO will introduce a new early engagement service specifically aimed at foreign businesses that are looking to invest in Australia. The service aims to provide confidence to foreign investors on how the Australian tax laws will apply and will be tailored to specific investors. It is envisaged that the ATO’s service will accommodation specific project timeframes and provide access to expedited private rulings.


Automotive R&D tariff concession extended

Date of effect1 April 2021

The automotive research and development tariff concession will be extended for a further four years until 30 June 2025. Companies registered under the Automotive Transformation Scheme Act 2009 as at 31 December 2020 will continue to be able to claim a tariff concession of up to 5% on the value of imports used for automotive research and development in Australia.


183-day test modified for NZ sportspeople and support staff

Date of effect2020-21 and 2021-22 income and FBT years

COVID-19 has meant that a number of New Zealand sportspeople and teams have been based in Australia for an extended period of time. Under the 183 day test in the double tax agreement between Australia and New Zealand, these sportspeople and support staff could be exposed to tax in Australia. The Government will ensure New Zealand maintains its primary taxing right in relation to sporting teams and support staff who are located in Australia for league competitions because of COVID-19.


Further insolvency reforms

The Government has announced that it will further streamline insolvency laws:

  • Review of trusts – Review how trusts (a common vehicle for SME businesses) are treated under insolvency laws.
  • Review future of safe harbour trading provisions – introduced in 2017, the safe harbour trading provisions provided breathing space for distressed businesses to trade out of debt. These rules will be reviewed to determine if they remain fit for purpose.
  • Review of schemes of arrangement – introduction of a moratorium on creditor enforcement while schemes are being negotiated.
  • Increase in statutory demand threshold – the threshold at which creditors can issue a statutory demand on a company will increase from $2,000 to $4,000.

Media release – Further insolvency reforms to support business dynamism


Additional international information exchange countries

From 1 January 2022, the list of jurisdictions that have an effective information sharing agreement with Australia will be updated to include Armenia, Cabo Verde, Kenya, Mongolia, Montenegro and Oman.

Residents of listed jurisdictions are eligible to access the reduced Managed Investment Trust (MIT) withholding tax rate of 15% on certain distributions, instead of the default rate of 30%.


Education, skills & training

Apprenticeship scheme uncapped

Boosting Apprenticeship Commencements provides a 50% wage subsidy to employers and Group Training Organisations to take on new apprentices and trainees. The measure will  uncap the number of eligible places and increase the duration of the 50% wage subsidy to 12 months from the date an apprentice or trainee commences with their employer.

From 5 October 2020 to 31 March 2022, businesses of any size can claim the Boosting Apprenticeship Commencements wage subsidy for new apprentices or trainees who commence during this period. Eligible businesses will be reimbursed up to 50% of an apprentice or trainee’s wages of up to $7,000 per quarter for 12 months.

Media release – Thousands Of New Apprentice And Trainee Jobs

Boosting Apprenticeship Commencements

Digital skills training

Previously announced

As part of its Digital Economy Strategy package, the Government has committed to $100m in funding to support digital skills development including:

  • Digital Skills Cadetship Trials – working with industry, the Government will trial 4 to 6 month cadetships for digital careers comprising formal training with on-the-job learning.
  • Expansion of Cyber Security Skills Partnership Innovation Fund – Additional funding for education providers that improve the quality or availability of cyber security professionals in Australia.
  • Next Generation Graduates Programs – AI & next gen technologies – a competitive national scholarship program cofounded with universities and industry:
  • the Next Generation Artificial Intelligence Graduates Program to attract and train up to 234 home-grown, job-ready AI specialists through competitive national scholarships
  • the Next Generation Emerging Technology Graduates Program to attract and train up to an additional 234 home-grown, job-ready specialists in other emerging technologies, such as robotics, cyber security, quantum computing, blockchain and data through competitive national scholarships.

Media release – A modern digital economy to secure Australia’s future


Government & regulators

New compliance requirements for NFP income tax exemptions

Date of effect1 July 2023

The Government will invest $1.9m for the ATO to build an online system to enhance the transparency of income tax exemptions claimed by not-for-profit entities (NFPs).

Currently non-charitable NFPs can self-assess their eligibility for income tax exemptions, without an obligation to report to the ATO. From 1 July 2023, the ATO will require income tax exempt NFPs with an active Australian Business Number (ABN) to submit online annual self-review forms with the information they ordinarily use to self-assess their eligibility for the exemption. This measure will ensure that only eligible NFPs are accessing income tax exemptions.


Government, the digital economy and digital security

Previously announced

As part of its Digital Economy Strategy package, the Government has committed to invest in the frameworks and infrastructure to strength the security of data, manage consumer rights, and enhance the Government’s interaction.

  • Networks and cybersecurity – over $50m has been committed to strengthen the rollout of 5G and 6G mobile networks, develop a National Data Security Action Plan, improve the resilience of Government infrastructure using Cyber Hubs, and $16.4m to improve mobile connectivity in bushfire peri-urban prone areas.
  • $500m on myGov and My Health Record – the Government will overhaul myGov – now the primary access point for Government services, and My Health Record – adding support for COVID-19 testing and vaccinations, connecting Residential Aged Care Facilities and connecting specialists in private practice and delivering improved telehealth, emerging virtual healthcare initiatives and digitised support across all stages of healthcare.
  • Data security and rights – $113m to delivering Australia’s first data strategy to bring data management and regulation up to speed with technology, expansion of data rights to energy industry (launched in banking in 2021), and the development of a 3D Australian ‘digital atlas’.

Media release – A modern digital economy to secure Australia’s future

Cyber security, safety and trust

Enhancing Government service delivery

Data and the digital economy


$850m to protect and develop farming

Previously released

A package of measures is aimed at protecting and enhancing the farming sector, much of it focussed on biosecurity and stewardship. Specific initiatives relate to African Swine Fever and the Khapra Beetle, but much of the package is in the development of biosecurity diagnostic tools and analytics across multiple contact points – cargo, international mail, air travellers, container cargo.

Measures include:

  • $400.1 million to strengthen biosecurity;
  • $32.1 million to extend opportunities to reward farmers for the stewardship of their land;
  • $29.8 million to grow the agricultural workforce;
  • $15.0 million to improve trade and market access; and
  • $129.8 million to deliver a National Soils Strategy.

Media release – Budget securing Australia’s recovery with better deal for farmers

Media Release – Biosecurity for a safe Australia and thriving farming sector

Gas fired recovery

The Government has committed to $58.6 million to support key gas infrastructure projects and unlock new gas supply.

COVID-19 vaccine response

The Government will provide $1.9 billion over five years from 2020-21 to distribute and administer COVID-19 vaccines to residents of Australia.

Women’s safety

The Government has committed $998.1 million over four years for initiatives to reduce, and support the victims of Family, Domestic and Sexual Violence (FDSV) against women and children. Initiatives include a new National Partnership with the states and territories to expand the funding of frontline FDSV support Services, $5,000 grants for women fleeing domestic violence, programs to support refugee and migrant women, programs to support Aboriginal and Torres Strait Islander women and children who have experienced or are experiencing family violence, along with a range of prevention campaigns.

Funding has also been provided for vulnerable women and children accessing the legal system and family support services.

Response to aged care

As previously announced, the Government has committed a $17.7 billion whole-of-government response to the recommendations of the Royal Commission into Aged Care Quality and Safety to improve safety and quality and the availability of aged care services. This includes:

  • $6.5 billion will be spent over four years to release 80,000 additional home care packages over two years from 2021-22 – bringing the total number to 275,598 by June 2023.
  • Just under $700 million to improve access and infrastructure
  • $783 million to provide greater access to respite care services and payments to support carers
  • $272.5 million for dedicated face to face support services to navigate the aged care system
  • $365.7 million to support health care within aged care facilities
  • $200 million for a new rating system of aged care providers
  • $3.9 billion to increase front line care
  • $3.2 billion to support aged care providers through a new Government-funded Basic Daily Fee supplement of $10 per resident per day, while continuing the 30% increase in the homelessness and viability supplements
  • $216.7 million to upskill the workforce and enhance nurse leadership and clinical skills through additional nursing scholarships and places in the Aged Care Transition to Practice Program

Mental health and suicide prevention

The $2 billion National Mental Health and Suicide Prevention Plan funds a range of initiatives including the enhancement and expansion of digital mental health services, universal aftercare for those who have made a suicide attempt, and a network of Head of Health adult mental health centres and satellites to provide coordinated multi-disciplinary care.

Royal Commission into defence and veteran suicide

The Government has committed to $174.2 million over two years from 2021-22 for a Royal Commission into Defence and Veteran Suicide.

National Recovery and Resilience Agency established

A new national agency, the National Recovery and Resilience Agency will be created to support local communities during the relief and recovery phases following major disasters, and provide advice on policies and programs to mitigate the impact of future major disaster events. $600m will be invested in a new program of disaster preparation and mitigation, managed by the new agency.

Media Release – Helping Communities Rebuild And Recover From Natural Disasters


Other

Roads & building projects

‘Shovel ready’ projects are high on the Government’s agenda.

New South Wales

Key projects to be funded include:

  • Roads
  • $2.03 billion for the Great Western Highway Upgrade – Katoomba to Lithgow – Construction of East and West Sections
  • $400 million for the Princes Highway Corridor – Jervis Bay Road to Sussex Inlet Road – Stage 1
  • $240 million for the Mount Ousley Interchange
  • $100 million for the Princes Highway Corridor – Jervis Bay Road Intersection
  • $87.5 million for M5 Motorway – Moorebank Avenue-Hume Highway Intersection Upgrade
  • $52.8 million for Manns Road – Intersection Upgrades at Narara Creek Road and Stockyard Place; and
  • $48 million for Pacific Highway – Harrington Road Intersection Upgrade, Coopernook.
  • Infrastructure
  • $66 million – Newcastle airport upgrade to widen the runway to accommodate longer range domestic and international passenger services. The upgrade is expected to complete in 2023. More.

Victoria

Key projects to be funded include:

  • $2 billion for initial investment in a new Melbourne Intermodal Terminal;
  • An additional $307 million for the Pakenham Roads Upgrade;
  • An additional $203.4 million for the Monash Roads Upgrade;
  • An additional $20 million for the Green Triangle and $15 million for the Melbourne to Mildura Roads of Strategic Importance corridors;
  • An additional $56.8 million for the Hall Road Upgrade;
  • An additional $30.4 million for the Western Port Highway Upgrade;
  • $17.5 million for the Dairy Supply Chain Road Upgrades; and
  • $10 million for the Mallacoota-Genoa Road Upgrade.

Queensland

Key projects to be funded include:

  • $400 million for the Inland Freight Route (Mungindi to Charters Towers) Upgrades
  • An additional $400 million for Bruce Highway Upgrades
  • $240 million for the Cairns Western Arterial Road Duplication
  • $178.1 million for the Gold Coast Rail Line Capacity Improvement (Kuraby to Beenleigh) – Preconstruction
  • $160 million for the Mooloolah River Interchange Upgrade (Packages 1 and 2)
  • An additional $126.6 million for Gold Coast Light Rail – Stage 3
  • $35.3 million for the Maryborough-Hervey Bay Road and Pialba-Burrum Heads Road Intersection Upgrade; and
  • $10 million for the Caboolture – Bribie Island Road (Hickey Road-King John Creek) Upgrade.

Northern Territory

New projects to be funded include:

  • $300k Development Study for a Proposed Tennant Creek Multimodal Facility and Rail Terminal
  • $150m Northern Territory National Network Highway Upgrades (Phase 2)
  • $173.6m Northern Territory Gas Industry Roads Upgrades

South Australia

Key projects to be funded include:

  • $2.6 billion allocation of funding for the North-South Corridor – Darlington to Anzac Highway;
  • $161.6 million for the Truro Bypass;
  • $148 million for the Augusta Highway Duplication Stage 2;
  • An additional $64 million for the Strzelecki Track Upgrade – Sealing;
  • An additional $60 million for the Gawler Rail Line Electrification;
  • $48 million for the Heysen Tunnel Refit and Upgrade – Stage 2
  • An additional $27.6 million for the Overpass at Port Wakefield and Township Duplication;
  • $32 million for the Kangaroo Island Road Safety and Bushfire Resilience Package, and
  • $22.5 million for the Marion Road and Sir Donald Bradman Drive Intersection Upgrade

Tasmania

Key projects to be funded include:

  • $80 million for the Tasmanian Roads Package – Bass Highway Safety and Freight Efficiency Upgrades Package – Future Priorities;
  • $48 million for the Algona Road Grade Separated Interchange and Duplication of the Kingston Bypass;
  • $44 million for the Rokeby Road – South Arm Road Upgrades;
  • $37.8 million for the Midland Highway Upgrade – Campbell Town North (Campbell Town to Epping Forest);
  • $36.4 million for the Midland Highway Upgrade – Oatlands (Jericho to South of York Plains);
  • $35.7 million for the Midland Highway Upgrade – Ross (Mona Vale Road to Campbell Town);
  • An additional $24 million for the Port of Burnie Shiploader Upgrade; and
  • $13.2 million for the Huon Link Road.

ACT

New projects to be funded include:

  • $2.5m Beltana Road Improvements
  • $132.5m Canberra Light Rail – Stage 2A
  • $26.5m William Hovell Drive Duplication

The economy

In his Budget speech, the Treasurer stated “Australia is coming back” with unemployment lower than pre pandemic levels (5.6%).

The deficit, thanks in part to surging iron ore prices, is lower than anticipated in the 2020-21 Federal Budget at $161 billion in 2020-21, a $52.7 billion improvement to estimates. The underlying cash balance is expected to be a deficit of $106.6 billion in 2021-22 and continue to improve over the forward estimates to a deficit of $57 billion in 2024-25.  While the deficit is large, it did its job.

Real GDP grew strongly over the latter half of 2020, marking the first time on record when Australia has experienced two consecutive quarters of economic growth above 3% – output is expected to have exceeded its pre-pandemic level in the March quarter of 2021.  Real GDP is forecast to grow by 1.25% in 2020-21, by 4.25% in 2021-22 and 2.5% in 2022-23. After falling by 2.5% in 2020, real GDP is expected to grow by 5.25% in 2021, and by 2.75% in 2022.

Economic Performance Graphs

Key budget assumptions

A population-wide vaccination program is likely to be in place by the end of 2021.

  • During 2021, localised outbreaks of COVID-19 are assumed to occur but are effectively contained.
  • General social distancing restrictions and hygiene practices will continue until medical advice recommends removing them.
  • No extended or sustained state border restrictions in place over the forecast period.
  • A gradual return of temporary and permanent migrants from mid-2022. Small phased programs for international students will commence in late 2021 and gradually increase from 2022. The rate of international arrivals will continue to be constrained by state and territory quarantine caps over 2021 and the first half of 2022, with the exception of passengers from Safe Travel Zones.
  • Inbound and outbound international travel is expected to remain low through to mid-2022, after which a gradual recovery in international tourism is assumed to occur.

Revenue: Where 2021-22 Budget revenue comes from

Budget Revenue

Expenditure: How the 2021-22 Budget is spent

Budget Expenditure

Source: Budget 2021-22

In a welcome change that will reduce the number of people with duplicate superannuation accounts, the Government has announced that from 1 July 2021 an employees super account will be ‘stapled’ to them when they change jobs. Stapled super accounts will mean that when a new employee commences work and doesn’t nominate their chosen superannuation fund, rather than the employer setting up a new default account they will instead obtain the super account details from the ATO and pay contributions to that account.

Stapled super accounts to move with employment

The change is part of the ‘Your Future, Your Super’ package announced as a part of the 2020-21 Federal Budget.

The key part of this is a new default superannuation scheme where superannuation will follow an individual when they change jobs, reducing the number of duplicate accounts held by employees, as well as helping prevent new members joining underperforming funds.

Ensuring that superannuation accounts are ‘stapled’ to a member when changing jobs will reduce the number of duplicate accounts in the system and, in turn, reduce fees. These reforms will save Australians an estimated $17.9 billion over 10 years.

YourSuper portal

The Australian Taxation Office will develop systems so that new employees will be able to select a superannuation product from a table of MySuper products through the YourSuper portal.

The YourSuper tool will provide a table of simple super products (MySuper) ranked by fees and investment returns.The aim of the tool is to make it easier for individuals to compare the fees and performance of superannuation funds in the market creating more competition in the market.

Increased benchmarking tests on APRA funds

Australian Prudential Regulation Authority (APRA) will conduct benchmarking tests on the net investment performance of MySuper products, with products that have underperformed over two consecutive annual tests prohibited from receiving new members until a further annual test that shows they are no longer underperforming.

If a fund is deemed to be underperforming, it will need to inform its members of its underperformance by 1 October 2021.

By 1 July 2021:

  • Super trustees will be required to comply with a new duty to act in the best financial interests of members.
  • Trustees must demonstrate that there was a reasonable basis to support their actions being consistent with members’ best financial interests.
  • Trustees will provide members with key information regarding how they manage and spend their money in advance of Annual Members’ Meetings

YourSuper online comparison tool

A new, interactive, online YourSuper comparison tool will help individuals decide which super product best meets their needs.

By 1 July 2021, the YourSuper tool will:

  • Provide a table of simple super products (MySuper) ranked by fees and investment returns.
  • Link you to super fund websites where you can choose a MySuper product.
  • Show your current super accounts and prompt you to consider consolidating accounts if you have more than one.

This tool will make it easier for people to compare the fees and performance of super funds in the market, creating more competition and making super funds work harder to attract and retain members.

Comparing different superannuation fund accounts has always been challenging.  There is already a online comparison tool for MySuper funds via the MoneySmart website and online investment platform Stockspot also publishes the annual FatCat report which compares 600 of the largest superannuation funds investment options in Australia.

Benefits of stapled super accounts

The introduction of stapled super accounts is a welcome change that will ensure individuals will be better off in retirement through ensuring they don’t pay unnecessary superannuation fees through having duplicate accounts or through being stuck with an underperforming fund.

Stapled super accounts also dovetail into other another recent change to super : Your Superannuation, Your Choice which provides choice of super for an additional 800,000 workers who were previously locked into a superannuation fund under a workplace agreement or legacy enterprise bargaining arrangement.

Another benefit should be increased engagement with superannuation which may also lead to an increased numbers of individuals looking to take control of their retirement savings via a self-managed superannuation fund (SMSF).

If you have any question regarding these changes or would like more information how they will impact you or your business, please get in touch with our team.

This article on the Total Superannuation Balance Cap (TSB Cap) and Transfer Balance Cap (TBC) from John Maroney, CEO of the SMSF Association was originally published by the Sydney Morning Herald on 8 September 2020 under the title “Cap complexities make life difficult for SMSF trustees“.


Total Superannuation Balance Cap complexities make life difficult for SMSF trustees

A growing number of Self-Managed Super Funds may end up paying higher tax than needed because they miscalculate their Total Superannuation Balance Cap (TSB) or Transfer Balance Cap (TBC).

Although the responsibility to get it right ultimately rests with the fund trustees, the complexity of the system highlights mounting frustration among SMSF holders and their advisers.

TSBs and TBCs were introduced on July 1, 2017, as part of one of the most significant superannuation reform packages in a decade. Back then, it all seemed relatively simple. However, the sad truth is that super reform seems to inevitably bring greater complexity, more administration, and higher costs – all to the detriment of super fund members.

In this instance, what happened has been the introduction of multiple TSB and TBC thresholds that have made super more complicated.


What are the total superannuation balance caps?

Currently, the following different Total Superannuation Balance caps and thresholds apply:

  • $300,000 TSB for work-test exemption contributions
  • $500,000 TSB for catch-up contributions
  • $1 million TSB threshold for quarterly transfer balance cap reporting
  • $1.4 million, $1.5 million and $1.6 million bring forward non-concessional contribution caps
  • $1.6 million TSB threshold for non-concessional, spousal, and co-contributions
  • $1.6 million TSB threshold for segregated pension assets

Wait, there’s more. Some of these thresholds are indexed and some are not. The indexing methods also vary – all of which adds to the complexity and cost.


Transfer balance cap

Remember, too, that each super fund member has their own personal Transfer Balance Cap (TBC) that determines the amount they can transfer into retirement phase income streams. Initially, a personal cap will equal the general TBC in the year they first have a retirement phase income stream count against their TBC. Currently, this is $1.6 million.

The first indexation of the general TBC is expected to occur on July 1, 2021, when there is likely to be an increase of $100,000 to $1.7 million. SMSF members who have not used their cap will be eligible for the maximum $1.7 million.

Individuals who have used a portion of their cap (based on their highest percentage usage) will fall somewhere between $1.6 million and $1.7 million and individuals who have used all their cap will remain at $1.6 million.

Individuals will be required to know their personal TBC maximum to avoid exceeding the amount they place into retirement phase, an exercise that involves negotiating a complex proportional indexation method.


Practical challenges with superannuation caps

These thresholds have not only made life far more difficult for SMSF members trying to understand and use the super system, but for their advisers and administrators. It also increases the professional services fees paid because they need specialised advice to understand the multiple different thresholds that may apply to them.

Adding to the difficulty is the fact many SMSF advisers are unable to access Australian Tax Office portals to facilitate efficient advice for their clients because it is restricted to tax agents.

So, what is need to simplify the system? There are many changes that would productively cut the red tape, but four stand out:

  • Give all financial advisers registered with the Tax Practitioners Board access to their clients’ super data, subject to client consent
  • Increase the work-test exemption TSB threshold to $500,000 to align it with the catch-up contributions threshold
  • Phase out the $1 million quarterly TSB threshold for quarterly TBC reporting
  • Remove the $1.4 million and $1.5 million TSB, bring forward non-concessional contribution (NCC) thresholds.

For SMSF members, being able to understand their legal obligations should not be an obstacle course.

What is required is a concerted effort by legislators and regulators to simplify a system that is becoming increasingly complex and unnecessarily costly to fund members.


End Article

Quill Group can help you navigate the complexities of the Total Superannuation Balance cap and also the Transfer Balance Cap. We have a number of SMSF Association accredited specialist advisors within the business covering both SMSF administration and accounting as well as superannuation advice.

If you have any questions regarding the content of this article, please get in touch with our SMSF team today.

A new law giving more than 800,000 additional employees superannuation choice has been passed by Government this week removing limitations that forced them into a super fund dictated by their employer. There is however a catch – the changes are not retrospective and will only apply for NEW agreements made after 1 January 2021.


Superannuation choice was limited for many

The Treasury Laws Amendment (Your Superannuation, Your Choice) Bill 2019 passed through the Senate on Tuesday 25th August 2020. The updated Your Super, Your Choice laws remove the option of enterprise bargaining agreement deals being used to force workers into an industry superannuation fund even where they have an existing superannuation fund.

Our own Mark Beveridge wrote about this back in March 2019 for Financial Standard Super: A pay rise, but only if you give us your super to look after!

Large employers such as Coles, Woolworths and Kmart have previously entered into these types of deals, as well as many public sector employers and universities.


Employers choosing their employees super fund

“You wouldn’t let your employer pick your bank, and your employer shouldn’t be able to force you into a super fund,” Assistant Minister for Superannuation Jane Hume said.

“Currently, for some workers in enterprise bargaining agreements, their super fund is chosen for them by their employer, whether they like it or not.

“This can lead to duplicate accounts, higher fees and costs to workers.”

Default funds will still exist for workers who do not make a fund choice, but workers employed on EBAs will have the right to choose their fund.


When do the changes come into effect?

The start date was delayed to January 1, 2021, and APRA will conduct a review in two years on the impact on defined benefit schemes, such as those operated by UniSuper.

A report from the Attorney-General’s department last December found 85 current enterprise agreements locked 13,974 workers into Maritime Super, Labour Union Co-Operative Retirement Fund, Mine Super, TWU Super and WA Super, even if the workers already had a different fund.


Superannuation standard choice form now a must

With these changes all new employees must be provided with a the ATO standard super choice form.

In addition, any employees who were previously restricted to a specific superannuation fund due to an enterprise agreement now can choose their own super fund when their existing employer enters into a new agreement with them after 1 January 2021.

According to the explanatory memorandum any employee can choose their own super fund (including an SMSF) where they are employed under a workplace determination or enterprise agreement that is made on or after 1 July 2020 (this date was amended to 1 January 2021).

“An employer does not have to provide existing employees with a form unless requested once a new determination or agreement is made. Where there is no chosen fund for an existing employee, an employer that continues to make compulsory contributions for that employee with the same fund, in accordance with the previous determination or agreement, will comply with the choice of fund requirements,” the memorandum said.


Changes not retrospective – some employees still stuck without choice of fund

The superannuation choice changes are not retrospective. They only apply to employees under new workplace agreements or determinations entered into after 1 January 2021. This means that even after that date, some employees will still not have superannuation choice until they come under a new agreement.

The explanatory memorandum said Treasury considered three options:

  1. Make no changes to superannuation choice;
  2. Extend choice to new workplace agreements and determinations;
  3. Extend choice to all existing workplace agreements and determinations;

The decision was made to support option two on the basis that it “extends choice in a meaningful way while minimising compliance costs for employers.”


Why the change?

The Financial System Inquiry and the Productivity Commission Inquiry into superannuation found that denying superannuation choice discourages member engagement and leads to super fund members paying higher or duplicate fees across multiple funds.

“Improvements in the efficiency of contributions processing (through the adoption of SuperStream) have made the right to exercise choice of fund easier and individuals should have the right to exercise choice unless there are special factors, such as employer and member rights and obligations in regard to defined benefit funds,” said Martin Fahy chief of the Association of Superannuation Funds of Australia.


Choosing a superannuation fund

If you previously have been locked into a superannuation fund with your employer under an enterprise agreement, now is the time to see advice on whether that super fund is best for you.

Quill Group has licensed financial advisers and superannuation specialists who can assist you in choosing the right superannuation fund as well as other strategies to ensure you are making the most of tax-effective contributions.

If you have any questions regarding these changes please get in touch.

 

The superannuation guarantee amnesty is a one-off opportunity to correct past unpaid SG amounts. Employers have a six-month window, until 7 September 2020, to disclose, lodge and pay unpaid SG amounts for their employees. Employers can claim deductions and not incur administration charges or penalties during this amnesty.


Superannuation guarantee amnesty background

The complexities surrounding employee remuneration has become evident in recent years and calculating the appropriate level of employer superannuation contributions is no exception.

Before the amnesty period expires on 7 September 2020, employers should take the opportunity to ensure all contributions have been made, and review the payroll classification to ensure the various components of the payroll are correctly classified as “Ordinary Times Earnings” (OTE).

If incorrect classifications have been made, now is the time to confront the mistakes and make a voluntary disclosure to the ATO under the amnesty.


Common mistakes when calculating superannuation guarantee payments

Some common mistakes we’ve seen include:

  • Not treating annual leave loading as OTE
  • Appropriate classification of allowances paid to employees
  • Not making superannuation contributions on behalf of independent contractors (not operating through an entity) who are paid for their labour.

Under the amnesty, an employer may report any unpaid superannuation guarantee shortfall, without the imposition of the administration charge ($20 per employee per quarter), penalties, and the ability to claim a tax deduction for the shortfall.

Post the amnesty period, the penalties will be severe with a 200% penalty on top of the SGC shortfall, administration charge, and non-deductibility of the costs. The ATO has a much clearer view of non-compliant employers, with real time reporting of payroll since the introduction of Single Touch Payroll (STP).


Applicable period

The amnesty only covers periods between 1 July 1992 until the quarter ended 31 March 2018.

The voluntary disclosure under the amnesty is available to all employers, provided they have not been subject to an ATO investigation in respect of the unreported superannuation. Unlike other taxes, any shortfall of superannuation may extend back as far as 1 July 1992 and is not limited to the usual 4-year window.

Taking action now could save an employer significant tax costs, as well as any potential embarrassment. Remember the deadline is 7 September 2020, so we recommend acting now while there is still time.


How to apply for the employer superannuation amnesty

To apply for the amnesty, you must:

  • lodge one approved SG amnesty form with the ATO for each quarter by 11.59pm on 7 September 2020
  • check amounts are correct and there are no errors on the forms
  • complete the declaration to confirm you are applying for the amnesty
  • save the form as an .xls file.

Once the ATO receives your forms, they will tell you which quarters are eligible for the amnesty.

SG shortfalls for any quarter between 1 July 1992 and 31 March 2018 may be eligible for the amnesty if they haven’t been disclosed previously, or aren’t subject to a current or previous audit.

See also:

If you have any questions regarding the superannuation guarantee amnesty, please contact your Quill Relationship manager or contact us if you need assistance with your business accounting or payroll needs.

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