Federal Budget 2013/14 Update – Superannuation Changes
Excess contributions tax
The Government announced that excess concessional contributions will be taxed at an individual’s marginal tax rate, plus an interest charge to recognise that the tax on excess contributions is collected later than normal income tax.In addition, individuals will be allowed to withdraw any excess concessional contributions from their superannuation fund. These reforms will apply to all excess concessional contributions made from 1 July 2013.
Under the current excess contributions tax arrangements, concessional contributions in excess of the concessional contributions cap are taxed at 31.5% in addition to the tax payable by the fund, usually 15%, regardless of the personal marginal tax rate faced by the individual.
In addition, individuals are only able to withdraw excess concessional contributions the first time they make an excess contribution after 1 July 2011, and only up to a maximum amount of $10,000.
This measure was announced on 5 April 2013 by the Treasurer and the Minister for Financial Services and Superannuation.
Deferred lifetime annuities
The Government will make amendments by providing that from 1 July 2014, deferred lifetime annuities with the same concessional tax treatment that applies to investment earnings on superannuation assets supporting retirement income streams
A deferred lifetime annuity is an annuity purchased for an up-front premium but where payments do not commence immediately.
For example:
A deferred lifetime annuity might be purchased at age 60 with payments commencing at age 80 and continuing for life.
The existing law requires that income streams must make payments at least annually. As a deferred annuity does not meet this requirement, it does not qualify as an income stream and therefore is not entitled to the associated concessional tax treatment that applies to earnings on superannuation assets supporting income streams.
This measure was announced on 5 April 2013 by the Treasurer and the Minister for Financial Services and Superannuation.
Higher concessional contributions caps
The Government will increase the concessional contributions cap to $35,000 from 1 July 2013 for people aged 60 and over. Individuals aged 50 and over will be able to access the higher cap from 1 July 2014.
The higher cap is unindexed, which means that it is effectively a temporary measure. The general concessional cap reaches $35,000 through indexation by 1 July 2018, and from that date the same cap will apply to all individuals.
This measure was announced on 5 April 2013 by the Treasurer and the Minister for Financial Services and Superannuation.
Note 1: The Government has withdrawn its previous commitment of a higher concessional contributions cap for individuals with superannuation balances below $500,000.
Note 2: This measure was introduced into the House of Representatives on 15 May 2013 within the Tax and Superannuation Laws Amendment (Increased Concessional Contributions Cap and Other Measures) Bill 2013.
Tax exemptions for earnings on superannuation assets supporting income streams
The Government announced that from 1 July 2014, future earnings on assets supporting income streams will be tax-free up to $100,000 a year for each individual. Earnings above the $100,000 threshold will be taxed at the same concessional rate of 15% that applies to earnings in the accumulation phase.
Currently, all earnings (such as dividends and interest) on assets supporting superannuation income streams are tax-free. In contrast, earnings in the accumulation phase of superannuation are taxed at 15%.
Under this measure, the $100,000 threshold will be indexed to the Consumer Price Index (CPI) and will increase in $10,000 increments.
The Government has indicated that transitional arrangements will apply for capital gains on assets purchased before 1 July 2014. The transitional arrangements are as follows:
- For assets that were purchased before 5 April 2013, the measure will only apply to capital gains that accrue after 1 July 2024.
- For assets that are purchased from 5 April 2013 to 30 June 2014, individuals will have the choice of including in the $100,000 limit the capital gain, or only that part that accrues after 1 July 2014
- For assets that are purchased from 1 July 2014, the capital gain will be included in the $100,000 limit.
Capital gains that are subject to the tax will continue to receive a 33% discount.
This change does not affect the way that pension payments are taxed in the hands of the pension recipient, nor does it affect the tax treatment of lump sum withdrawals.
Consider:
While Treasury’s modelling suggests that this move would only impact around 16,000 Australians with a pension account balance of $2 million or more, assuming an earning rate of 5%, it’s likely that more people with a lower account balance could be affected if superannuation fund investments backing pensions continue to perform strongly.
These changes will also apply to defined benefit funds, so that members of such funds will face a corresponding decrease in their tax concessions in the retirement phase.
This measure was announced on 5 April 2013 by the Treasurer and the Minister for Financial Services and Superannuation.
Transfer of lost member accounts to the ATO
The Government will make amendments by increasing the threshold below which small inactive superannuation accounts and the accounts of members who are not contactable are required to be transferred to the Australian Taxation Office (ATO).
The threshold will be increased from $2,000 to $2,500 from 31 December 2015, and then to $3,000 from 31 December 2016.
It is noted that individuals can reclaim their lost superannuation accounts transferred to the ATO at any time. Interest will be paid on these accounts at a rate equivalent to growth in the CPI to maintain their real value.
This measure was announced on 5 April 2013 by the Treasurer and the Minister for Financial Services and Superannuation.
Low income superannuation contributions
The Government will amend the eligibility criteria for the low income superannuation contribution (LISC) to pay individuals with an entitlement below $20.
Previously, the LISC wasn’t paid if less than $20. Entitlements under $10 will be rounded to $10.
The LISC effectively refunds up to $500 a year of the tax paid on superannuation concessional contributions for people with incomes up to $37,000.
Note: This measure was introduced into the House of Representatives on 15 May 2013 within the Tax and Superannuation Laws Amendment (Increased Concessional Contributions Cap and Other Measures) Bill 2013.
Amendments to the reduction of higher tax concession for contributions of high income earners
The Government will make minor amendments to the 2012/13 Budget measure entitled “Superannuation — Reduction of Higher Tax Concession for Contributions of Very High Income Earners” effective from 1 July 2012.
The amendments include using a similar definition to that used for calculating whether an individual is liable to pay the Medicare levy surcharge.
Income for this purpose includes:
- an individual’s taxable income (including the net amount on which family trust distribution tax has been paid)
- reportable superannuation contributions
- reportable fringe benefits
- total net investment loss (includes both net financial investment loss and net rental property loss)
- but excludes the taxed element of the taxable component of a superannuation lump sum benefit, other than a death benefit, up to the low rate cap amount, that is, $175,000 in the 2012/13 financial year for individuals aged 55 to 59
In the 2012/13 Federal Budget, the definition of “income” for this measure included concessional superannuation contributions.
If an individual’s income excluding their concessional contributions is less than the $300,000 threshold, but the inclusion of their concessional contributions pushes them over the threshold, the reduced tax concession will only apply to the part of the contributions that is in excess of the threshold.
Note: This measure was introduced into the House of Representatives on 15 May 2013 within the Tax and Superannuation Laws Amendment (Increased Concessional Contributions Cap and Other Measures) Bill 2013.
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