SUPERCentral News

Additional 15% tax on large super balances - the new Division 296 Tax Consultation Paper released!

From 1 January 2023, the age at which you can be a beneficiary of a downsizer contribution has been reduced to age 55 (previously it was age 60 and some years ago it was age 65). This change has been implemented by Treasury Laws Amendment (2022 Measures No 2) Act 2022 (No 84 of 2022).

With these words the Treasurer (and also the Assistant Treasurer and Minister for Financial Services) advised that the Government will impose a special rate of earnings tax of 30% on earnings on super balances of $3m and above. This change, the details of which are yet to be released, will apply from 1 July 2025.

Is it possible to make a last minute withdrawal before you die and the payment, if made after you have died, still be treated as being tax free? Well Yes – according to a recent private binding ruling from the Commissioner (PBR 1051988780639). But first some imaginary background to set the scene…

You may be aware that toward the end of 2021, in a private ruling, the ATO confirmed the tax payable in respect of a gift of superannuation to a member’s estate where that super is to be held in a testamentary discretionary trust.

When Downsizer Contributions were first introduced (1 July 2018) the eligibility age for the beneficiary (that is the person for whom the contribution was made) of a Downsizer Contribution was age 65.  The eligibility age requirement does not apply to the maker of the contribution.  Consequently, an individual who is aged 60 could have made a Downsizer Contribution for a spouse who is aged 66.  However, that individual could not make a Downsizer Contribution for him or herself.

APRA has recently published its quarterly superannuation statistics for the December 2021 Quarter. One key item from that publication is that total super assets at 31 December 2021 are estimated to be $3.5 trillion, of which the SMSF segment is estimated to be $876 billion.

Given the end of the financial year is nigh, it is time to ensure that the minimum pension drawdown - the minimum drawdown for short - has been or will be satisfied in respect of the current financial year. If the minimum drawdown is not satisfied by the end of the financial year, the SMSF will lose its entitlement to the full exempt current pension income deduction. Additionally, there are transfer account balance consequences as well.

The contribution rules applying for the 2022/23 and later financial years have been significantly (and favourably) altered by the implementation of the Federal Government’s superannuation reform announced in the 2021 Federal Budget.