Edited version of your written advice

Authorisation Number: 1013027766328

Date of advice: 1 June 2016

Ruling

Subject: Deductibility of personal superannuation contributions

Question

Can the Taxpayer claim a deduction for personal superannuation contributions made to a complying superannuation fund under section 290-150 of the Income Tax Assessment Act 1997 (ITAA 1997)?

Answer

Yes

This ruling applies for the following period:

Income year ended 30 June 2016

The scheme commences on:

1 July 2015

Relevant facts and circumstances

The Taxpayer is under 75 years of age.

The Taxpayer ceased employment in the relevant income year with the Employer and has not undertaken any further employment.

The Taxpayer is a member of a complying superannuation fund (the Fund).

The taxpayer has earned income in the 2015-16, income year from investments and an income protection policy.

The Taxpayer will provide a written notice to the trustee of the Fund stating their intention to claim a deduction for personal superannuation contributions made in the relevant income year.

The Fund will provide acknowledgment of receipt of the written notice.

Relevant legislative provisions

Income Tax Assessment Act 1997 Section 290-150

Income Tax Assessment Act 1997 Section 290-155

Income Tax Assessment Act 1997 Section 290-160

Income Tax Assessment Act 1997 Subsection 290-160(1)

Income Tax Assessment Act 1997 Section 290-165

Income Tax Assessment Act 1997 Subsection 290-165(2)

Income Tax Assessment Act 1997 Section 290-170

Superannuation Guarantee (Administration) Act 1992

Reasons for decision

Summary

The Taxpayer can deduct the personal superannuation contributions made to the Fund in the 2015-16 income year.

Detailed reasoning

A person can claim a deduction for personal contributions made to a superannuation fund for the purpose of providing superannuation benefits for themselves under section 290-150 of the Income Tax Assessment Act 1997 (ITAA 1997). However, the conditions in sections 290-155, 290-160 (if applicable), 290-165 and 290-170 of the ITAA 1997 must also be satisfied for the person to claim the deduction.

Complying superannuation fund condition

The condition in section 290-155 of the ITAA 1997 requires that where the contribution is made to a superannuation fund, it must be made to a 'complying superannuation fund' for the income year of the fund in which the Taxpayer made the contribution.

The Fund is a complying superannuation fund; therefore, this condition is satisfied.

Maximum earnings as employee condition

According to subsection 290-160(1) of the ITAA 1997, the maximum earnings as employee condition only applies if:

(a) in the income year in which you make the contribution, you engage in any of these activities:

(i) holding an office or appointment;

(ii) performing functions or duties;

(iii) engaging in work;

(iv) doing acts or things; and

(b) the activities result in you being treated as an employee for the purposes of the Superannuation Guarantee (Administration) Act 1992 (assuming that subsection 12(11) of that Act had not been enacted).

As the Taxpayer ceased employment in the relevant income year, and did not engage in any employment activities during the 2015-16 income year, section 290-160 of the ITAA 1997 does not apply.

Age-related conditions

Under subsection 290-165(2) of the ITAA 1997 the ability to claim a deduction ceases for contributions that are made after 28 days from the end of the month in which the person making the contribution turns 75 years of age.

As the Taxpayer will be under 75 years of age at all times in relation to the relevant income year, this condition is satisfied.

Notice of intent to deduct conditions

Section 290-170 of the ITAA 1997 requires a person to provide a valid notice of their intention to claim the deduction to the trustee of their superannuation fund. The notice must be given before the earlier of:

• the date the person lodges their income tax return for the income year in which the contribution was made; or

• the end of the income year following the year in which the contribution was made.

In addition, the person must also have been given an acknowledgement of the notice by the trustee of the relevant superannuation fund.

A notice will be valid as long as the following conditions apply:

• the notice is in respect of the contributions;

• the notice is not for an amount covered by a previous notice;

• at the time when the notice is given:

• the person is a member of the fund; or

• the trustee of the fund holds the contribution (for example, a notice will not be valid if a partial roll over of the superannuation benefit which includes the contribution covered in the notice has been made); or

• the trustee of the fund has not begun to pay a superannuation income stream based on the contribution;

• before the notice is given:

• a contributions splitting application has not been made in relation to the contribution; and

• the trustee of the fund has not rejected the application.

The Taxpayer will provide a written notice to the trustee stating their intention to claim a deduction for the relevant contribution, and will receive acknowledgment of the notice from the trustee.

Deduction limits

The allowable deduction is limited under subsection 26-55(2) of the ITAA 1997 to the amount of assessable income remaining after subtracting all other deductions (excluding previous year's tax losses and any deductions for farm management losses) from a taxpayer's assessable income.