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Targeting of superannuation concessions

The Budget 2016/2017 takes a serious swipe at the accumulation of large balances in super. There are two massive changes: a $1.6 billion cap on the amount that can be held in super tax-free, and a $500,000 lifetime cap on non-concessional contributions.

The $1.6 million 'transfer balance cap' is totally unexpected, and the detailed fact sheet is here.

This rule will create massive headaches when compliance is determined by fund balances at a particular date. For example, market movements on 30 June 2017 (a Friday) will determine whether people will be hit with a penalty ("Individuals who breach the cap will be subject to a tax on both the amount in excess of the cap and the earnings on the excess amount."). For anyone near the cap, how do they know how much to leave in the pension fund, facing a penalty if the market rallies on 30 June 2017?

Or for anyone with super assets that are not valued daily in the market, such as real estate, how do they know how much it is worth on 30 June 2017 prior to the date?

Here is an extract from the Budget website.

"The objective of superannuation, which for the first time will be enshrined in legislation, is ‘to provide income in retirement to substitute or supplement the Age Pension’.

Having this clear objective will enhance stability in the superannuation system by creating a clear framework for superannuation policy – and a way to assess whether the system is meeting its objective. The objective for superannuation has been an important anchor for the development of the superannuation changes.

To ensure the superannuation tax arrangements support the objective of superannuation and are fiscally sustainable, the Government will better target tax concessions to those who need incentives to save by:

  • introducing a $1.6 million superannuation transfer balance cap on the total amount of superannuation that an individual can transfer into retirement phase accounts.This puts a limit on taxpayer support for tax-free retirement phase accounts, but does not limit the savings that can be accumulated outside these accounts or outside superannuation. A balance of $1.6 million could support an income stream in retirement of around four times the level of the single Age Pension. The transfer balance cap will affect less than one per cent of superannuation fund members and will be applied to both current retirees and to individuals yet to enter their retirement phase.
  • requiring those with combined incomes and superannuation contributions greater than $250,000 to pay 30 per cent tax on their concessional contributions, up from 15 per cent. This extends the current treatment of people with combined incomes and superannuation contributions over $300,000. These individuals will still have significant incentives to save for their retirement. This change will only affect around one per cent of superannuation fund members.
  • lowering the superannuation concessional contributions cap to $25,000 per annum. This level still enables individuals to make enough contributions over their working life to be self sufficient in retirement. Lower caps on concessional contributions also make it feasible to allow more flexibility across the system to accommodate modern working arrangements. Reducing the caps on concessional contributions will only affect around three per cent of superannuation fund members.
  • introducing a $500,000 lifetime cap for non-concessional contributions. The lifetime cap will limit the extent to which the superannuation system can be used for tax minimisation and estate planning. Currently, less than one per cent of superannuation fund members have made contributions above this cap since 2007.

Broadly commensurate treatment will apply to defined benefit arrangements.

In addition to better targeted tax concessions, the Government will introduce the Low Income Superannuation Tax Offset to replace the Low Income Superannuation Contribution when it expires on 30 June 2017. This will continue to support the accumulation of superannuation for low income earners.

This will allow individuals with an adjusted taxable income of $37,000 or less to receive an effective refund of the tax paid on their concessional contributions, up to a cap of $500.

The Low Income Superannuation Tax Offset will, in particular, assist women to build their superannuation savings.

Taken together, these changes will better target the concessional taxation of superannuation and help to ensure that the superannuation system remains sustainable for the benefit and retirement security of all Australians."

 

7 Comments
Mary A Henderson
May 06, 2016

The transfer of funds in excess of 1.6 million from pension to accumulation phase is okay for those few fortunate to have these large balances.
Have not found the rulings regarding withdrawal of monies from the accumulation phase and the tax payable.

Graham Hand
May 06, 2016

Hi Mary, Cuffelinks is not licenced to give advice so this is general info, but if a person has reached preservation age and retire, they can withdraw money without paying tax. If they don't intend to retire, they need another another condition of release. Details of definitions on the ATO website.

Peter
May 04, 2016

Hi Graham, I am pleased the budget left ''imputation credits'' alone. Now my main worry is an ALP Royal Commission into banking if they were to be elected. It would cause the entire financial system, heavily reliant on the "Big Four'', disruption and uncertainty for the duration of the Royal Commission and beyond. Jo Bjelke once said you should never have an enquiry unless you know the outcome beforehand. In this, he was right.

Warren Bird
May 04, 2016

Sadly, this reinforces the fact that you cannot make long term plans any more. People, like Bruce, who did their sums a couple of years ago and worked out that retirement was a viable option only to now find that their assumptions have been blown out of the water, can no longer trust our government to let things be. Everyone will have to build into their estimates an additional 'regulatory risk premium' that assumes that an existing benefit will be taken away.

A part of me acknowledges that the system Peter Costello introduced was "too generous", and that in the long run it has turned out to be too expensive for the nation to afford (not as bad as, but not unlike those generous Greek pension schemes that have had to be canned). And lower income people have had to deal with this uncertainty for years as government payments have chopped and changed from Budget to Budget. So those who have more than $1.6 million in pension phase should not complain too loudly lest they sound like they're simply being greedy.

But it is nonetheless an indictment on our political process that uncertainty is continually being heightened, rather than governments helping to create an environment in which sound plans can be made and rewarded.

Laine
May 04, 2016

This could be quite simple.

On 30 June 17 your fund is valued in the usual way and reported to the ATO when the tax return is done for the fund. Say the value at this point is $2m in pension phase and $100k in accummulation phase.

From 1 July 17, $1.6m of the pension phase remains in pension phase, while the remaining $400k returns to accumulation phase, giving a start of year total of $500k in accumulation and $1.6m in pension mode.

At this point you do not have to do anything. The bookkeeping for this will be done when you do the administration for the 2017-2018 financial year.

There will be some minor complications for those whose pension has segregated assets, and those whose super is all in pension mode. This group will need an actuarial certificate for the following year, and may want to withdraw the accumulation mode super.

Bruce, there is no maximum withdrawal rate for pension mode super unless you are on transition to retirement, where the max is 10% of your income. 4% is the minimum withdrawal, not the maximum.

I do agree with you that $1.6m may not be sufficient for some families to live on, but unless you have your super in a term deposit you should be earning around $100k within your fund and the tax saving on this is about $26k compared to having this outside of super. This tax concession is more than you would get if you had no super or savings and qualified for a single age pension.

The restriction is not how much you can have in super in total, it is only on the amount that is in pension mode with the earnings tax free.

Graham Hand
May 04, 2016

Hi Laine. I think the 1 July 2017 balance is trickier than that. Retirees will need to estimate how much money they need to take out of the pension account a few days before 30 June (to allow for settlement or processing of transfers on share transactions). Also, many assets are not traded daily, such as real estate, and unlisted bonds have wide valuation spreads. Then the retiree may be hit with a penalty if the market rallies on say 29 and 30 June 2017 and the balance goes over the $1.6 million cap. I imagine a last minute scramble in late June to work out values and balances.

Bruce
May 03, 2016

I have serious concerns with the decision by a Government, who promised no changes to superannuation, to retrospectively introduce a superannuation transfer balance cap and reduce the amount of non-concessional contributions taxpayers can contribute.

As pointed out by Graham Hand, unless your funds are invested in a fixed interest account, it will be impossible to ensure that the cap is not breached. And if there is a major downturn in your investments there is no possibility of transferring more assets into the fund to bring it up to the cap. This change will discourage SMSFs from investing in venture capital type projects, start up companies or infrastructure type funds that may take several years to pay a dividend. There could also be an affect on the market for collectables and works of art.

Assuming the Liberal Government is returned, I expect that many people with balances over $1.6million will withdraw their excess funds and use them to negatively gear property.

The statement by the Treasurer makes no mention of the current concession that allows Small Business Owners to transfer $1 million into their super fund on the sale of their business, provided they have owned and operated it for 15 years.

Unlike Labor's proposal that offered a tax free pension of $75,000 and 15% tax on the rest, this plan provides a maximum income of $64,000 (@4% withdrawal rate) and does not permit members to benefit from balances accumulated under previous taxation regimes. Labor's proposal also permits members to retain excess funds in superannuation accounts, thereby allowing super funds to invest for the long term.

The changes announced do not take into account the personal circumstances of Self Funded Retirees. In my case, I am responsible for the care for my 90 year old mother, my 50yr old spouse works part-time, and my eldest child is in Year 7. A reduction in my income to $64,000 will have a significant impact on my family and make it difficult for me to adequately provide for my family.

 

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