Eligibility to make Concessional Contributions
Your SMSF can only accept contributions for a Member aged over 75 which are mandated Employer Contributions. Your SMSF cannot accept Salary Sacrifice Contributions or personal contributions after age 75.
Voluntary Concessional Contributions when turning 75
If you are turning 75 during a Financial Year you can make Salary Sacrifice Contributions to your SMSF on or before the day that is 28 days after the end of the month in which you turn 75 and the work test requirement does not apply.
However, we caution that you have to meet the work test or be eligible for the work test exemption (WTE) when you make personal Concessional Contributions and the contribution must be made on or before the day that is 28 days after the end of the month in which you turn 75.
What happens if you contribute without being eligible?
If you are 75 or over and contribute to your SMSF irrespective of whether you meet a Work Test, the amount must be returned to you by your SMSF within 30 days. If the "ineligible" amounts are not returned within this time, your SMSF will have breached the superannuation contribution rules resulting in compliance issues that will be reported to the ATO in your SMSF's annual audit.
If you make personal contributions to your SMSF on or before the day that is 28 days after the end of the month in which you turn 75 but are unable to pass the Work Test or meet the Work Test Exemption Criteria, the amount is treated as a Non-concessional Contribution given that you are unable to claim deduction for the amount.
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