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September 2024 Newsletter

Some Super, Super Rules and Tax Benefits

Why is a "Super Notice of Intent" so important and what is it?

Dear All,

If you are in the 55 to 75 age group now or in the future then it could be a great investment for you to read this newsletter as it might be worth a surprising amount of money to you.

If you buy a laptop as a business expense, you get a tax deduction for the expense but the money is gone. 

 

If you put money into super, you get a tax deduction and the money is NOT gone.

There are many, many things to consider between the ages of 55 and 75 where there are legitimate tax benefits, advantages and different rules around super.

The topic may sound a bit convoluted and that is because it is, but worth knowing, or at least getting a sense of what is possible and then you can contact me to discuss your personal situation as the situation between 55 & 60 and 60 & 65 and 65 & 75 is different, as is each client.

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The government wants to give a carrot 🥕 to people who work past age 60 but does not want it to be too simple or too many people would use it. It is available for those who look for that sort of thing but not so much for people who are disengaged or do not have a financial adviser to support them through the maze.

We are here to support you with this and any other financial matter.

Some more details:

Currently everyone who is under 67 can make tax deductible personal contributions to super and, with some extra rules, those between 67 and 75 as well.

That is a huge government concession. You make a tax deductible payment to your super fund, i.e. you still own the money, but you also get the tax deduction. The super fund pays 15% tax on your contribution if you earn less than $250,000 and, depending on your income, that is either useless (because you don’t pay tax anyway) or valuable (you earn over $45,000 and under $190,000) or very valuable if you earn between $190,000 and $250,000.

There are less favourable rules for those who earn over $250,000, best to talk to me so we can look into your specific circumstance.

Super contributions can also be a great way to reduce the tax payable if you made a good capital gain and are looking at a much higher tax bill than normal.

 

How valuable this government concession is also depends on your age and how much spare money you have. The closer you are to age 60 or age 65 the quicker you can have access to the contributions you just made into super. This can be accelerated if you are younger and your spouse is closer to age 60 or 65 but not over 65, as you can move your contributions, once they are in the super fund, over to your spouse and benefit from their earlier access.

If the above sounds like Dutch backward to you 🙃, I am more than happy to explain. It is often much easier to understand when we look at your personal situation.

In any case, what are the mechanics of making successful contributions?

If a person makes a personal super contribution, this contribution is either tax deductible or it is not tax deductible.

For example a person earning $120,000 in a year in taxable income who makes a tax deductible super contribution of $10,000, reduces their taxable income to $110,000. If they make a non-deductible (non-concessional) contribution, then their taxable income remains at $120,000.

The super fund won’t know what the $10,000 are – tax deductible or not – and normally assumes that the contribution is not tax deductible. To make sure that the contribution is tax deductible the person making the contribution needs to give a ‘Notice of intent to claim a tax deduction’ to the super fund. That is a form that is provided by most super funds on their website which we can also provide to our clients and support them through the submission.

Once the super fund receives that form, they will then deduct 15% contribution tax from the contribution and forward the tax to the government. Your superfund will acknowledge receiving your Notice of Intent to you in writing. That written acknowledgement is something you can take to your accountant to claim a tax deduction, reduce your taxable income and pay less tax.

If, as in the above example, your income is around $110,000-$120,000, then your marginal tax rate is 32% including the Medicare Levy. Your tax saving on a $10,000 contribution would be 32% minus 15% = 17%. That is, a saving of $1,700.

Important: Never make any of the following changes before your Notice of Intent has been acknowledged in writing by your super fund:

  • Take any money out of super.

  • Move super money to your spouse (contribution splitting).

  • Start a transition to retirement or allocated (tax free) pension.

  • Roll any of your super over to a new fund, whether it is to pay insurance premiums or whether it is to move to another super fund.

Why? The reason is that the super fund can’t take all of or in many cases any of the tax out after any of the above has happened and you will not get a tax deduction for yourself in those cases.

Below is the official wording as to what the conditions are for you to receive a tax deduction after you have deposited the funds. Apart from the obvious conditions you have to be careful not to take money out or move your super around before you have received the acknowledgment of your Notice of Intent from your super fund. After you received your acknowledgment you can do whatever you need to or want to do with your super.

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From the ATO site:

Notice of intent to your fund

You must give a valid notice in the approved form to your fund. A Notice of Intent is only valid if:

  • you are still a member of your fund

  • your fund still holds the contribution (special rules apply for full or partial voluntary rollovers, and situations where there has been a successor fund transfer or a MySuper transfer)

  • it does not include all or part of an amount covered by a previous notice

  • your fund has not started paying a super income stream using any of the contribution

  • you haven’t lodged an application to split the contribution for which you intend to claim a deduction (even if the application hasn’t been dealt with by your fund)

  • the contributions in the notice of intent have not been released from the fund you've given notice to under the FHSS scheme

  • the contributions in the notice of intent don't include FHSS amounts you recontributed to your fund.

If you give your fund a notice of intent after you have rolled over your entire super interest to another fund (closed your account) or withdrawn your entire super interest (paid it out of super as a lump sum), the notice won't be valid. This means you will not be able to claim a deduction for the personal contributions you made before the rollover or withdrawal.

If you have partially rolled over or withdrawn your super interest (which included the contribution you made), your notice will not be valid for the entire contribution. You can only validly deduct the proportion of your contribution that remains in the fund.

You can provide a single notice of intent that covers all the personal (after tax) contributions you made to your super fund during the year. You don’t need to provide a notice of intent for each contribution.

You must provide a notice of intent to each super fund if you made contributions to more than one fund.

If you have your super with us, we can support you and manage the whole process for you. There are many other things to consider that are very worthwhile.

As always if you have any questions about this or any other matter we are here to support you.

⭐️ ⭐️ ⭐️ ⭐️ ⭐️ ⭐️ ⭐️ ⭐️

We are also available for new clients so please feel free to refer anyone who might need support, a review of their financial situation, a review of and discussion around life or income protection insurance, who has a young family, who has recently come into an inheritance, changed their job, wanting to check if they have enough for retirement.... there are so many ways we can assist and it is our great pleasure and expertise to do so.

Warm regards,

Christoph and Team:

Nicola, Marian, Deryk, Ann-Marie, Alvin, Lin, Yvonne and Michael. 

Dr Christoph Schnelle

Financial Adviser and Life Insurance Specialist
In Your Interest Financial Planning
t: 1800 332 225
w: www.inyourinterest.com.au
e: service@inyourinterest.com.au

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Insurance Investment Super Retirement 

 contact us for a free review ~ 1800 332 225

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