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Anonanon(Initiate)Initiate
17 June 2024

I’m a sole trader whose income is 260k. I have decided to make 40k in personal concessional super contributions (using carry-forward unused cap contributions from previous years). 


I understand that Division 293 tax is calculated based on “Division 293 income” (assessable income minus allowable deductions) combined with super contributions. 


In this situation then, which case below shows the correct calculation for Division 293 tax:


  1. Division 293 income is 260k minus 40k = 220k. Combined income and super contributions is therefore 220k + 40k = 260k. Threshold exceeding 250k = 10k. Div 293 tax is thus 15% of 10k
  2. Division 293 income is 260k (ie personal super contribution is not counted as a deduction). Combined income and super contributions is therefore 260k+40k = 300k. Threshold exceeding 250k = 50k. Div 293 tax is thus 15% of 40k (the lesser of 40k and 50k) 


I guess the question boils down to whether personal concessional super contributions are counted as an allowable deduction when calculating “Division 293 income” 

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Bruce4Tax(Taxicorn)Taxicorn
18 June 2024

I guess the question boils down to whether personal concessional super contributions are counted as an allowable deduction when calculating “Division 293 income”


Yes, so # 1 is correct.


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Bruce4Tax(Taxicorn)Taxicorn
18 June 2024

I guess the question boils down to whether personal concessional super contributions are counted as an allowable deduction when calculating “Division 293 income”


Yes, so # 1 is correct.


Anonanon(Initiate)Initiate
18 June 2024

Thanks! The super confusing part is that ATO mentions:


The income component of the Division 293 tax calculation is based on the same income calculation used to determine the Medicare levy surcharge (MLS), disregarding any reportable superannuation contributions.


I wasn't sure because of this, if it meant that voluntary personal contributions weren't going to be factored into the deductions of the "Division 293 income".

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