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Self Managed Super Fund (SMSF) Article
Salary sacrifice and other benefits

By Tony Negline.

This article may be out of date.

11th June 2008

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At this time of the year many employees are finding out what their new salary arrangement will be for the next financial year.

These new remuneration details are a good time to think about how it should be paid to you.  Most of us will want to look seriously at any idea that helps us legally and simply reduce our tax bill whilst not reducing our standard of living.

One popular strategy is to make use of salary sacrifice super contributions.

These are best explained by looking at an example.  Dan Robinson has just been told by his employer that he will be paid $100,000 during 2008/09.  To keep our example as simple as possible, we'll assume that Dan is single and doesn't have any other income or claim any tax deductions.  Dan's tax bill next year will be $26,000 which means he will have an after-tax salary of $74,000.

Suppose Dan needs $52,000 a year ($1,000 per week) for living expenses and would like to put the salary he doesn't need into his super fund.

He has two choices.  Firstly he could take $24,000 of his after-tax salary and contribute it to super.  The super system calls these non-concessional contributions because they can't be claimed as a tax deduction.

The second alternative is to ask his employer to pay him a salary of $65,725.  The income tax on this amount is just over $13,700 so his after tax income is $52,000.  With the remaining $34,275 he asks his employer to make additional employer super contributions.  These are his salary sacrifice contributions.  Since July 2007, the taxation laws call all employer contributions Concessional Contributions even if an employer isn't allowed a tax deduction on them.

These contributions are taxed at 15% in the year that they are made.  The net contribution will therefore be $29,133.  This is a $5,133 larger contribution than under the first option.

If Dan took these contributions out of the super system before he turned 60 then additional tax may be payable which would significantly erode and possibly eliminate the initial tax benefit of salary sacrificing.  If Dan doesn't intend to take the contributions out until he is at least 60 then they would be paid out tax-free.

An issue which higher income earners need to to be very careful about is Excess Concessional Contributions which are taxed at 46.5%.  This penalty tax applies on personal contributions claimed as a tax deduction and all employer contributions which are above $50,000.  Until July 2012 this threshold is $100,000 if a super investor is at least 50 during a financial year.

What is also not widely known is that Excess Concessional Contributions are included in an investor's Non-concessional Contributions (NCCs), which are most personal contributions not claimed as a tax deduction.  The maximum NCCs that can be made is $150,000 each financial year.  Amounts above this maximum are taxed at 46.5%.  Those under 65 can bring forward up to three years of NCCs (ie $450,000 without incurring tax penalties).

As an example, lets consider Dan Robinson again.  Suppose during the 2009 tax year Dan was under 50 and intends to make $450,000 in Non-concessional contributions together with total employer contributions of $70,000.  Under the tax rules there would appear to be no reason as to why the $20,000 excess employer contributions wouldn't face two lots of penalty tax because they cause the two contribution limits to be exceeded.  That is a tax rate of over 78%!

The final situation we will examine involves the lower paid.  Based on the 2009 individual  income tax rates, the effective tax free threshold is $14,000 of taxable income for adult taxpayers eligible for the Low Income Tax Offset (LITO).  It is often thought that for low income earners the best strategy is to salary sacrifice down to $14,000 so that all income will be tax-free.

This analysis fails to take into account the range of other Government concessions including the Senior Australians Tax Offset, Mature Age Worker's Tax Offset, Family Tax Benefit, the Government Co-contribution and the Child Care Benefit and Rebate.

For example suppose a person wants to use $10,000 of their salary for super contributions and can't decide between salary sacrificing or taking salary and making personal contributions and possibly receiving the Government Co-contribution.

Assuming the individual was only eligible for LITO and has no other income or tax deductions and also assuming that the Government Co-contribution is a negative income tax then the best strategy turns on an income of $38,779.

Those with an income less than this amount will get more by taking salary instead of using the salary sacrifice system.  For example, someone earning $35,000 will pay a total of $2,243 in tax if they use the salary method and their total super contribution will be $9,407.  However if they use the salary sacrifice method they will pay $3,150 in tax and have a net contribution of $8,500.

Conversely someone earning $42,000 is better to salary sacrifice.  In this case the net contribution is $8,500 and total tax is $4,280.  Using the salary method, the net super contribution is $7,807 and the total tax is $4,973.

A final word of warning.  Salary sacrifice arrangements can only involve remuneration that is yet to be earned.  Also they should only be done in accordance with all relevant industrial relations laws and rules.

Salary sacrifice versus co-contribution

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