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Ryan_Erin(Initiate)Initiate
22 Jan 2024

Hello- here's my scenario for some ATO advice on super splitting:

My wife is 63 and working - She intends resigning from her job in May 2024 and temporarily leaving the workforce. She has unused concessional contributions for carry forward of $100,000. Her current total super balance is $690,000. Immediately after resigning she will withdraw $200,000 from her super fund thus making her TSB $490,000 ie <$500,000 for 2023/24 . She has made no other concessional contributions to her fund.

I am 65, still working and in 2022/23 salary sacrificed $130,000 into a constitutionally protected employer fund.

My question is: Can I split $100,000 from my super into hers in 2023/24 as she has the carry forward of $100,000 ?

Thanks

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1,747 views
9 replies

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Bruce4Tax(Taxicorn)Taxicorn
22 Jan 2024

Immediately after resigning she will withdraw $200,000 from her super fund thus making her TSB $490,000 ie <$500,000 for 2023/24


No - for 2024-25


The test for 2023-24 = balance on 01/07/2023.


The rules for super splitting are:


https://www.ato.gov.au/forms-and-instructions/superannuation-contributions-splitting


My question is: Can I split $100,000 from my super into hers in 2023/24 as she has the carry forward of $100,000 ?


Yes - $ 130,000 x 85% = 110,500


Your wife's carry forward is not relevant for super splitting, but she cannot be retired.


Best to get proper advice first.


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Most helpful reply

Bruce4Tax(Taxicorn)Taxicorn
22 Jan 2024

Immediately after resigning she will withdraw $200,000 from her super fund thus making her TSB $490,000 ie <$500,000 for 2023/24


No - for 2024-25


The test for 2023-24 = balance on 01/07/2023.


The rules for super splitting are:


https://www.ato.gov.au/forms-and-instructions/superannuation-contributions-splitting


My question is: Can I split $100,000 from my super into hers in 2023/24 as she has the carry forward of $100,000 ?


Yes - $ 130,000 x 85% = 110,500


Your wife's carry forward is not relevant for super splitting, but she cannot be retired.


Best to get proper advice first.


Ryan_Erin(Initiate)Initiate
25 Jan 2024

Thanks for the reply, Bruce..

So does that mean that because her TSB will be less than $500K on 1/7/2024 (24/25 fin year), it is only in the 2025/26 year that she will be eligible for me splitting the 100K into her super ? I'm a bit confused on dates and timing !

Cheers


Bruce4Tax(Taxicorn)Taxicorn
25 Jan 2024

Splitting has nothing to do with whether or not TSB will be under $ 500 K.


Splitting does not involve claiming any deductions either.


You need to look at the link , then get proper advice from a licensed advisor - must be AFSL holder in order to advise on contributions and withdrawals, apart from purely tax issues.



Ryan_Erin(Initiate)Initiate
29 Jan 2024

@Bruce4Tax

OK .. but the link clearly states:

The concessional contributions cap may be increased above the general concessional cap if you are eligible. This will occur from 1 July 2019 onwards if:

  • your concessional contributions for the year exceed the general concessional contributions cap
  • your total superannuation balance just before the start of the financial year is less than $500,000
  • you have unused concessional contributions cap amounts from the previous five years (with 2018–19 financial year being the first year you can accrue unused concessional contributions).


Bruce4Tax(Taxicorn)Taxicorn
29 Jan 2024

@Ryan_Erin

All true, and all related to the person making a contribution then claiming a tax deduction.


But, no relevance to the person receiving a split. The person receiving the split cannot claim a deduction for the the split amount they receive.




Ryan_Erin(Initiate)Initiate
30 Jan 2024

@Bruce4Tax

Not too worried about tax deduction. Just wanting to confirm whether I can split the whole amount of my wife’s carry over cap into her super even though my TSB >500k. ??

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