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James56(Enthusiast)Enthusiast
14 June 2022

The ATO has a section on Age Restrictions for Contributions (to superannuation).

It makes the following statement: 'From 2022–23 financial year onwards, your SMSF can accept non-mandated contributions for members under 75 years and there is no requirement to meet the work test.' It also states: For 2022/23 (ages 65-74) all contributions can be accepted.


However, under the ATO section on 'Changes to the work test requirements for superannuation contributions', it states: 'From July 2022 those aged 67 to 74 will need to meet the work test if they wish to claim a personal superannuation deduction for their contribution.'

See also the Explanatory Memorandum to the Treasury Laws Amendment (Enhancing Superannuation Outcomes For Australians and Helping Australian Businesses Invest) Bill 2021, which states in part: Schedule 4 to the Bill amends the ITAA 1997 to apply the work test to individuals aged between 67 and 75 years who claim a deduction for personal superannuation contributions. This change facilitates the repeal of the existing work test that applies to non-concessional and salary sacrifice contributions.

Q. Is it correct that - to make a personal concessional contribution from July 2022 - and aged b/w 67 and 74 - you must still meet the work test.


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Bruce4Tax(Taxicorn)Taxicorn
ATO Certified Response14 June 2022

Q. Is it correct that - to make a personal concessional contribution from July 2022 - and aged b/w 67 and 74 - you must still meet the work test.


Yes - or meet conditions for the work test exemption.


https://www.ato.gov.au/Individuals/Super/In-detail/Growing-your-super/Super-contributions---too-much-can-mean-extra-tax/?page=13


James56(Enthusiast)Enthusiast
15 June 2022

Thank you Bruce4Tax for your response, and for including that extra condition - the work test exemption rules.


The link you provided - it takes me to the page on 'Acceptance of member contributions and work test' - but i think it's still giving the wrong information.


It states in part - 'From 2022-23 onwards if you are aged less than 75 years you do not need to meet work test or work test exemption for your fund to accept a non-mandated contributions.' 

However - in the later notes - it states under 'Age 75- years and under. -

If you are under 75 years of age during the financial year 2022-23 and onwards, your fund can accept all types of contributions, except downsizer contributions (these can only be made if you are aged 60 years and over).You will no longer need to meet either the work test or work test exemption to make or receive non-concessional super contributions and salary sacrificed contributions (but you will need to meet the work test to claim personal super contribution deductions).


This error also occurs in 'Contributions you can accept'.


Q. Is a personal super (concessional) contribution a non-mandated contribution?

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Age restrictions on contributions | ATO Community