Private ruling: Deductibility of personal superannuation contributions
Date of advice: 31 August 2016
Published: October 2016
Ruling period: Income year ended 30 June 2016
Date scheme commenced: 1 July 2015

Ruling: Q1: 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 ? | A1: Yes

Relevant facts and circumstances: The taxpayer is under age 75. The taxpayer ceased employment with the Employer and has not undertaken any further employment. The taxpayer is a member of a complying superannuation fund. The taxpayer received compensation payments during the 2015-16 income year from the employer. The taxpayer made a superannuation contribution to a complying superannuation fund (the Fund). The taxpayer will be providing the Fund with the required notice to claim a deduction for the personal superannuation contribution and the Fund will provide the taxpayer with an acknowledgment 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 did not engage in any activities resulting in their being treated as an employee. Accordingly, the conditions outlined in section 290-160 of the ITAA 1997 do not apply in the taxpayer's case. In view of the above, and satisfying the other conditions relating to deductible personal contributions, the taxpayer can deduct their personal superannuation contributions made to the fund in the 2015-16 income year. | Detailed Reasoning - 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. | Detailed Reasoning - 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. This condition is satisfied as in the 2015-16 income year the taxpayer made a contribution to a complying superannuation fund. | Detailed Reasoning - 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 and did not engage in any employment activities during the 2015-16, income year, section 290-160 of the ITAA 1997 does not apply. | Detailed Reasoning - 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 was under 75 years of age at all times in relation to the relevant income year, this condition is satisfied. | Detailed Reasoning - 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. On the basis of the information provided, the above conditions will be satisfied by the taxpayer provided the notice of intent to deduct is supplied to the Fund's trustee within the time frame stated above and the trustee acknowledges in writing receipt of that notice. | Detailed Reasoning - Deduction limits: The personal superannuation 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.