Management
July/August 2003

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An overview of the superannuation surcharge

By Geoff Coy, Certified Practising Accountant

F
ollowing on from the recent article on the superannuation guarantee levy, accountant Geoff Coy now looks at the impact of the superannuation surcharge tax on your superannuation contributions.

An overview of the superannuation surcharge
The superannuation surcharge is an additional tax imposed on superannuation contributions once your income reaches a certain level. This tax was introduced in August 1996.

Surchargeable contributions are any contributions for which you have claimed a tax deduction, as well as any salary sacrifice contributions you make as either standard or voluntary contributions.

Generally, employer contributions and contributions claimed as a tax deduction are taxed at 15%. Higher income earners, or those who fail to supply their super fund with their tax file number, may also be charged an additional surcharge of up to a 15% on employer contributions or contributions claimed as a tax deduction.

For the 2002/2003 tax year the surcharge is payable for those on adjusted taxable incomes exceeding $90,527. The surcharge rate increases to a maximum of 15% for those on annual incomes exceeding $109,924.

In most instances, adjusted taxable income is usually your taxable income plus superannuation contributions made to your fund during the year but can also include fringe benefits from your employer, capital gains, rent, dividends, interest, pensions, family trust distributions and any other income you may have.

If the surcharge applies then it is levied on your surchargeable contributions at a rate of 1% for every $1,295 of ATI over $90,527.

These thresholds are indexed each year by increases in average Australian wage and salary levels

How Does the ATO Monitor the surcharge?
Your super fund is required to report surchargeable contributions received for each member to the Australian Taxation Office (ATO). The ATO matches this information with your income tax return to calculate your adjusted taxable income (ATI).

The surcharge thresholds as described above are then used to determine whether a surcharge liability exists. If you are affected, the ATO will provide you and your super fund with a notice about your assessment.

Examples

Some examples of surcharge calculations from Con's Convenience Store:

1. Con's wife has a taxable income from all sources of $50,000 plus surchargeable contributions based on the super guarantee of $4,500. Her adjusted taxable income is $54,500. As she is under the threshold of $90,527 there is no surcharge payable. Her contributions of $4,500 will only be taxed at 15%.

2. Con has the following income for the 2002-2003 year.ccc
Salary received from his convenience store business $50,000
Rental income from his investment property $10,000
Fringe benefits received from his business $5,000
Dividends and imputation credits received from his company $10,000
Contributions made under the superannuation guarantee $5,400
Contributions made as a consequence of salary sacrifice $20,000
Adjusted Taxable Income $100,400

Excess over the threshold of $90,527 = $9,873
Surcharge rate based on 1% for every $1,295 of ATI over $90,527 = 7.62%

Con's contributions of $25,400 (5,400 + 20,000) will attract a surcharge of 7.62% or $1,935 above the 15% already paid in contributions tax.

3. Con's brother Arthur has the following income for the 2002-2003 year.
Salary received from his convenience store business $50,000
Taxable retrenchment benefits received from his previous employer received prior to buying his business $20,000
Capital gain arising from the sale of an investment property $20,500
Contributions made under the superannuation guarantee $4,500
Contributions made as a consequence of salary sacrifice $15,000
Adjusted Taxable Income $110,000

As Arthur's ATI has exceeded $109,924.His surcharge rate is capped at 15%.

His contributions of $19,500 (4,500 + 15,000) will attract a surcharge of $2,925 above the 15% already paid in contributions tax.

In this instance the capital gain and taxable retrenchment benefit although 'one off' in nature both contributed in exceeding the surcharge threshold.

The impact of the other item of income received should have been investigated by both Con and Arthur and special advice should have been sought with a view to reducing the impact of the superannuation surcharge.

The Federal government has proposed to reduce the maximum rate of superannuation contributions and termination payments surcharge to 13.5% for 2002-2003, 12% for 2003-2004 and 10.5% for 2004-2005 and later years.

However, the legislation to implement the reduced maximum rates has yet to be enacted.

 



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