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Non Concessional Contributions - Aged Above 75


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Non Concessional Contributions

Personal Contributions made into a SMSF from after tax income on which no tax deduction is claimed are known as Non Concessional Contributions.  Non Concessional Contributions are essentially personal contributions made into your SMSF from your own personal Bank Account and not from your Employer.

 
 
Eligibility to make Non Concessional Contributions

Once you reach age 75, you cannot make Non Concessional Personal Contributions to your SMSF regardless of whether you satisfy the Work Test.  However If you are turning 75 during a Financial Year you can make a Non Concessional Contribution to your SMSF on or before the day that is 28 days after the end of the month in which you turn 75.  In this case you can still only contribute if you pass a Work Test.  From 1 July 2017, your total superannuation balance at 30 June of the previous Financial Year must also be below $1.6 million.

 
 
Passing the Work Test when Over 65

The "Work Test" requires that an Individual is "Gainfully Employed" for at least 40 hours in a period of not more than 30 consecutive days in that Financial Year.  The term "Gainfully Employed" is defined to mean employed or self-employed for gain or reward in any business, trade, profession, vocation, calling, occupation or employment.  Gain or reward essentially means that you are remunerated in return for the personal services provided (e.g. as a salary, business income, bonuses and commissions that are fully documented and declared for tax purposes).  It does not include passive investment income (e.g. rental income or dividend income).  In addition, volunteers are generally not considered to be gainfully employed as they do not receive remuneration for their services.  You should also take care if you involve family and friends in an attempt to satisfy the definition of 'gainful employment'.  If you assist another family member by say, babysitting or gardening, the particular circumstances surrounding the arrangement will be critical.  For example, if you look after your grandchildren while their parents are on holiday, it is likely that your motive for doing so would be for personal or domestic reasons rather than to derive financial gain as per a normal employer / employee arrangement.  In this case, even if you are paid for your services, the definition of gainful employment may not be satisfied. 

 
 
What happens if you contribute without being eligible?

If you are 75 or over and contribute to your SMSF without being eligible, 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 Annual Audit. 

 
 
Maximum Non Concessional Contributions Allowed

If you are turning 75 during a Financial Year, you can make a Non Concessional Contribution to your SMSF on or before the day that is 28 days after the end of the month in which you turn 75 as detailed above. The Non Concessional Contributions limit for a given Financial Year is as follows:

Income Year Amount of cap
2017–18 $100,000 per member per annum
2016–17 $180,000 per member per annum
2015–16 $180,000 per member per annum

 
 
Bring Forward Rule does not apply

The "Bring Forward Rule" allowing you to bring forward up to two years of contribution is not available to persons aged over 75.

 
 
No Tax on Non Concessional Contributions

No tax is ever payable on a Non Concessional Contribution made into a SMSF either when the monies are contributed into the SMSF or when monies are accessed later on at retirement.

 
 
All Non Concessional Contributions are made into the Transaction Bank Account

All Non Concessional Contributions must be deposited into the Transaction Bank Account established for your SMSF.  There is only one Transaction Bank Account established for your SMSF and all Members must deposit Contributions into the same Transaction Bank Account.  It is unnecessary and administratively inefficient to have a separate Transaction Bank Account for each Member.

 
 
How ESUPERFUND tracks Non Concessional Contributions

Each Contribution and Contribution Type must be allocated to a specific Member as part of the annual compliance process.  This is a legal requirement.  Typically the Member making the Contribution and the Contribution Type will be detailed on the Bank Statement.  To the extent that the narration on the Bank Statement is insufficient, you will be asked to confirm on whose behalf the contributions have been made and the Contribution Type using an annual checklist we send to all SMSF clients each year in July.  You do not need to send us confirmation at the time each Non Concessional Contribution is made. This information is only required annually and we will guide you through the process and prompt you when information is required from you.  For more visit our Q&A section here.

 
 
Excess Non Concessional Contributions

To the extent you make a Non Concessional Contribution exceeding your Non Concessional Contribution Limit your SMSF must return the excess contribution to the contributing Member within 30 days of receiving the contribution.

To the extent that this does not occur, the ATO will ask you to choose how your Excess Non Concessional Contributions are taxed after the lodgement of your SMSF Annual Return. You have the following options:

Option 1 Release amounts from SMSF

If you choose this option, you are electing to withdraw all your Excess Non Concessional Contributions and 85% of associated earnings from your SMSF. In this case, the Excess Non Concessional Contributions will NOT be subject to Excess Non Concessional Contributions tax. However the full amount of associated earnings is added to your assessable income and taxed at you marginal tax rates subject to a 15% tax offset.

Option 2 Pay Excess Non Concessional Contributions tax on the excess amount

If you choose not to release your Excess Non Concessional Contributions from your SMSF, the Excess Contributions over the Non Concessional Contribution Limit will be subject to Excess Contributions Tax at the highest marginal tax rate of 49%.

Excess Contributions Tax can result in double taxation, with an effective tax rate of up to 98%! To avoid this disastrous situation, it is vital that you keep track of all your Non Concessional Contributions.