Insight 

 
 
  27 July 2009
 
 Exceeding Concessional Cap Limits
 
 
  This update applies to anyone who:
  • currently contributes to super ;
  • has employer/s who contribute to super, or
  • who salary sacrifices to super.
 
The ATO has identified over 24,000 cases where individuals may have exceeded a contributions cap in the 2007-08 financial year.  Ulton Financial Planning would expect that number to substantially increase for the 2009/2010 year, due to the huge reduction in cap limits.

 

Reminder of the concessional cap limits for 2009 / 2010
Concessional contributions include all employer contributions, salary sacrifice pre tax and any contributions claimed as a tax deduction.
 
 Aged under 50 years   
 $25,000   
 Aged over 50 years   
 $50,000  
  
These limits are per individual so additional care needs to be taken where more than one employer contributes on your behalf.  If the above limits are breached then tax of 31.5% is applied to the individual (this can be paid by the individual or super fund), in addition to 15% in the fund (total tax of 46.5%). 
 
Non concessional cap limits for 2009 / 2010
A further problem arises if you also breach your non concessional cap limits.  Non concessional contributions are contributions from an individual where no tax deduction is claimed and include after tax salary sacrifice.
 
 All ages  
 $150,000   
Or up to $450,000 over a 3 year period under the bring forward provisions
  
Excess non-concessional contributions are taxed at 46.5% to the individual (the notice is sent to the individual but must ultimately be paid by the super fund). 
 
Breach of both cap limits
If both cap limits are breached then total tax of up to 93% can apply on the excess contribution!
 
What you can do
  • Immediately review the amount of contributions that are currently being made to super and contact us urgently if you believe that you will be close to your cap limits.
  • If you have a Transition to Retirement Pension you will need to review how the change in cap limits will affect your strategy and contact us immediately to discuss. 
  • Queensland Government employees can be particularly affected due to the way their contributions are calculated on a formula.
Case Study 1
John and Jane are aged 35 and both work full time.  They live off Jane's salary and salary sacrifice part of John's income to super as follows: 
 
 Employer SGC     
 $9,000
 Salary sacrifice  
 $25,000
 Total concessional contributions   
 $34,000
 Cap limit   
 ($25,000)
 Excess contributions   
 $9,000
 Excess tax payable by John or Super Fund
         (@ 31.5%)
 $2,835
  
Changes need to be made to avoid getting an unexpected $2,835 tax bill at the end of the year.
 
Case Study 2
Amanda is aged 60 and has been salary sacrificing 100% of her salary to super and drawing a pension back out of her super to live on.  This strategy has been saving a signficant amount of tax and as a result she has seen her super fund grow over the last few years.
 
 Employer SGC     
 $5,400
 Salary sacrifice  (100% of salary)
 $60,000
 Total concessional contributions   
 $65,400
 Cap limit   
 ($50,000)
 Excess contributions   
 $15,400
 Excess tax payable by Amanda (this is payable by Super Fund)        (@ 46.5%)
 $7,161
  
Again, changes need to be made to avoid getting an unexpected $7,161 tax bill at the end of the year. 
In addition Amanda would also need to adjust the Transition to Retirement Pension.
 
As you can see this is a serious issue and you may need
to review your super contributions to ensure that you
do not get an unexpected tax bill.
  
 
For further information, contact:       
   
   Kylie Wright 
                               Partner 
                         Authorised Representative Number: 245052
                               BUNDABERG  T:  (07) 4154 0425   E: kwright@ulton.net
 
 
  Gemma O'Shanesy    
                        Financial Planner
                        Authorised Representative Number: 304440
                        BUNDABERG  T: (07) 4154 0425  E: goshanesy@ulton.net                
 
   Michael Toohey  
                               Financial Planner
                               Authorised Representative Number: 336737 
                               HERVEY BAY  T:  (07) 4197 6300   E: mtoohey@ulton.net 
                                                                                         
                                      
 
    
 
 
 
 
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        General Advice Disclaimer
       This article has been prepared on a general advice basis only.  The information has not been prepared to take into account specific                    
        objectives, needs and financial situation.  The information may not be appropriate to your individual needs and you should seek
        advice from your financial adviser before making any investment decisions.