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Contributions Tax


 
 
Types of contributions

There are two types of Contributions you can make to your SMSF.  Each Contribution Type and the respective tax payable on that Contribution is detailed below.

 
 
Contribution Type 1:  Non Concessional Contributions

Personal Contributions made into an SMSF from after tax income on which no tax deduction is claimed are known as Non Concessional Contributions.  Non Concessional Contributions are essentially personal contributions made into your SMSF from your own personal Bank Account and not from your Employer.  No tax is ever payable on a Non Concessional Contribution made into an SMSF either when the monies are contributed into the SMSF or when monies are accessed later on retirement.

 
 
Contribution Type 2:  Concessional Contributions

Concessional Contributions are contributions where a tax deduction has been claimed for the contribution, either by the Member or by an Employer. Concessional Contributions include the following subsets of contribution types:

Mandated Employer Contributions
Salary Sacrifice Contributions
Personal Contributions where a tax deduction is claimed

For more information on Concessional Contributions, please click here.  Tax is payable on Concessional Contributions made into an SMSF at the rate of 15%.

 
 
Excess Non Concessional Contributions

It should be noted that there are Contributions Limits for Non Concessional Contributions as detailed here.

If you go over the Non Concessional Contributions cap, the ATO will contact you by sending you a Determination letter after the lodgement of your SMSF Annual Return. You will be asked to choose how your Excess Non Concessional Contributions are taxed. You have the following options:

Option 1 Release the excess amounts from your SMSF

If you choose this option, you are electing to withdraw all your Excess Non Concessional Contributions and 85% of associated earnings from your SMSF. In this case, the Excess Non Concessional Contributions will NOT be subject to Excess Non Concessional Contributions tax. However the full associated earnings amount stated in your determination is added to your assessable income and taxed at your marginal tax rates subject to a 15% tax offset.

To select this option, you need to make an election using ATO online services or complete the excess non-concessional contributions election form and send it to the ATO. Generally, you have 60 days after the date of issue of the determination to make an election.

Once the ATO has processed your election form, they will issue a Digital Release Authority to the SMSF via the SuperStream channel. We caution that it is a breach of the SIS regulation if you release funds from the SMSF prior to receiving the Release Authority from the ATO.

Upon the receipt of the Digital Release Authority, ESUPERFUND will contact you to confirm whether you wish to proceed with releasing funds from your SMSF and how much to be released by sending a detailed message to your Client Portal Inbox.

For more information on the steps involved on completing the Release Authority and arranging the payment to the ATO, please click here.

Option 2 Pay Excess Non Concessional Contributions tax on the excess amount

If you choose not to release your Excess Non Concessional Contributions from your SMSF, the Excess Contributions over the Non Concessional Contribution Limit will be subject to Excess Contributions Tax at the highest marginal tax rate of 47%. The excess non-concessional contributions tax will need to be paid from your super.

This can result in double taxation, with an effective tax rate of up to 94%! To avoid this situation, it is vital that you keep track of all your Non Concessional Contributions.

To select this option, you need to make an election using ATO online services or complete the excess non-concessional contributions election form and send it to the ATO. Generally, you have 60 days after the date of issue of the determination to make an election.

Once the ATO has processed your election form, they will issue a Digital Release Authority to the SMSF via the SuperStream channel. We caution that it is a breach of the SIS regulation if you release funds from the SMSF prior to receiving the Release Authority from the ATO.

Upon the receipt of the Digital Release Authority, ESUPERFUND will contact you to confirm whether you wish to proceed with releasing funds from your SMSF and how much to be released by sending a detailed message to your Client Portal Inbox.

For more information on the steps involved on completing the Release Authority and arranging the payment to the ATO, please click here.

 
 
Excess Concessional Contributions

It should be noted that there are Contributions Limits for Concessional Contributions as detailed here. It is important never to breach these limits otherwise penalty taxes apply.

If you exceed your Concessional Contribution Limit, the Excess Contributions over the Concessional Contribution Limit will be added to your personal taxable income and taxed at your personal marginal tax rate with a 15% tax offset to account for the contributions tax already paid by your SMSF. You will need to pay this additional tax from your personal account.

To the extent your Concessional Contributions exceeded your Concessional Contribution Limit, the ATO will contact you by sending you a Determination letter and a Notice of Assessment after the lodgement of your SMSF Annual Return. You will be asked to choose whether you want to release the Excess Concessional Contributions from your SMSF. You have the following options:

Option 1 Leave the excess concessional contributions in your SMSF

If you choose this option, you are choosing not to release any amount from your SMSF. The excess concessional contributions will be counted towards your non-concessional contributions cap. We caution that this may in turn cause you to exceed your non-concessional contributions cap. For more information about excess non-concessional contributions, please click here.

Option 2 Release up to 85% of the excess concessional contributions from your SMSF

If you choose to release your Excess Concessional Contributions from your SMSF, the amount released from your SMSF can be used to help pay the tax on your excess concessional contributions and the released amount will not count towards your non-concessional contributions cap.

To select this option, you need to make an election specifying the amount you wish to release via ATO online services or complete the excess concessional contributions election form and send it to the ATO. Generally, you have 60 days after the date of issue of the determination to make an election and the election is irrevocable.

Once the ATO has processed your election form, they will issue a Digital Release Authority to the SMSF via the SuperStream channel. We caution that it is a breach of the SIS regulation if you release funds from the SMSF prior to receiving the Release Authority from the ATO.

Upon the receipt of the Digital Release Authority, ESUPERFUND will contact you to confirm whether you wish to proceed with releasing funds from your SMSF and how much to be released by sending a detailed message to your Client Portal Inbox.

For more information on the steps involved on completing the Release Authority and arranging the payment to the ATO, please click here.

 
 
When is Tax Payable

It is noted in the first year your SMSF is setup the SMSF must lodge its tax return by February 28 following the end of the Financial Year.  In the second year and future years the SMSF must lodge its tax return by May 15 following the end of the Financial Year.


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