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Can I claim the tax offset for contributions split from my superannuation account to my spouse's superannuation account?
No. You cannot claim the superannuation spouse contributions tax offset for contributions split to your spouse’s superannuation account, as the amount split to your spouse’s superannuation account is a contributions-splitting ETP – that is, an ETP roll over – not a contribution. Spouse contributions are non-concessional contributions and as such are subject to the $1,000,000 transitional non-concessional cap that applies from 10 May 2006 to 30 June 2007.
If you intend to claim a tax offset for contributions to your spouse’s superannuation account (eligible spouse contributions):
you must make contributions directly to your spouse’s superannuation account
your spouse’s assessable income plus reportable fringe benefits amount must be less than $13,800 in a year of income, and
you must both be residents (for Australian tax purposes) at the time you make those contributions.
How do I claim the tax offset?
You can claim the tax offset through your tax return. The tax offset is calculated in one of three ways.
Where you have made $3,000 or less in eligible spouse contributions and your spouse's total assessable income and reportable fringe benefits is $10,800 or less, the tax offset is calculated as 18% of the eligible spouse contributions.
Where you have made more than $3,000 in eligible spouse contributions and your spouse's total assessable income and reportable fringe benefits is $10,800 or less, the tax offset is calculated as 18% of $3,000 – that is, $540.
Where your spouse's total assessable income and reportable fringe benefits exceeds $10,800, the eligible spouse contributions limit of $3,000 is reduced by $1 for each $1 of assessable income and reportable fringe benefit in excess of $10,800. The tax offset is calculated as 18% of the lesser of the amount of the spouse contributions for the year or the reduced amount of the spouse contribution limit. Therefore, the tax offset is zero when your spouse's total assessable income and reportable fringe benefit is $13,800.
Examples
A taxpayer contributes $3,500 to a superannuation fund on behalf of a spouse. The spouse's assessable income is $10,800 and reportable fringe benefits is $0.
$10,800 (the actual assessable income) - $10,800 (the base assessable income) = $0
The reduced amount is: $3,000 (the maximum contribution entitled to the tax offset) - $0 (the excess assessable income) = $3,000
or
The actual contribution made is: $3,500.
As the reduced amount is less than the actual contribution it is used to calculate the tax offset.
The tax offset is therefore 18% x $3,000 = $540.
A taxpayer contributes $2,500 to a superannuation fund on behalf of a spouse. The spouse's total assessable income and reportable fringe benefits is $12,000.
$12,000 (the actual assessable income and reportable fringe benefits) - $10,800 (the base assessable income and reportable fringe benefits) = $1,200 (the excess assessable income and reportable fringe benefits)
The reduced amount is: $3,000 (the maximum contribution entitled to the tax offset) - $1,200 (the excess assessable income and reportable fringe benefits) = $1,800
or
The contribution actually made is: $2,500
As the reduced amount is less than the actual contributions it is used to calculate the tax offset.
The tax offset is therefore 18% x $1,800 = $324.
Can my spouse withdraw the money at any time?
No. There are limits on when your spouse can withdraw their superannuation. Low income earning spouses cannot withdraw from the fund or RSA until they reach preservation age (55 to 60) or retirement (whichever comes later).
You should contact the Australian Prudential Regulation Authority (APRA) for advice on the limits for withdrawing superannuation for non-working spouses. Superannuation can be withdrawn from the fund or RSA early on death, permanent disability or severe financial hardship.
Can my non-working spouse roll over all or part of the undeducted contributions on subsequent withdrawal from the fund or RSA?
Yes, when rolled over, the undeducted contributions component retains its identity and gives rise to an undeducted contributions component in a payment by the roll-over fund. |
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