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15 Jan 2026

I am a law-abiding sole trader who regularly pays the stipulated child support amount. At the end of last tax year, my taxable income as per the Notice of Assessment was $100000, but according to Child Support, it was $113000. This was because I paid myself $13000 [11.5%] in "voluntary"/not voluntary super.


As far as I am concerned, I have a right and duty to pay myself superannuation and NOT have it deemed taxable income by Child Support.

If I was an employee, my Super would not be calculated in the my taxable income.

So, how is this fair???? It's not!


As a sole trader, of course they are going to appear as Voluntary, but what's the alternative? NOT pay myself Super? How is that fair?


So, either way, I get ripped off. If my accountant does not tick that little box to say "use super to off-set tax", then I pay more tax. However, if he does, I pay more child support.


Damned if I do, damned if I don't.


OR HAVE I MISSED SOMETHING?????


Thanks in advance.


312 views
1 replies
312 views
1 replies

All replies

RachelATO(Community Moderator)Community Moderator
15 Jan 2026

Hi @terrymckinven,


For tax purposes, personal super contributions you make as a sole trader can be claimed as a deduction if you meet the conditions. When you claim that deduction, it reduces your taxable income on your Notice of Assessment.


Services Australia uses a broader definition called ‘adjusted taxable income’ for child support. This includes your taxable income plus certain amounts added back. They want to reflect your actual capacity to support your child, not just your taxable income after deductions. This is set under the child support legislation.


From a tax perspective, you can contribute to super and claim the deduction if eligible. From a child support perspective, they treat those contributions differently.

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Sole trader, superannuation, child support | ATO Community