Bills Digest No. 161 2001-02
Taxation Laws Amendment (Superannuation) Bill (No. 2)
2002
WARNING:
This Digest was prepared for debate. It reflects the legislation as
introduced and does not canvass subsequent amendments. This Digest
does not have any official legal status. Other sources should be
consulted to determine the subsequent official status of the
Bill.
CONTENTS
Passage History
Purpose
Background
Main Provisions
Concluding Comments
Endnotes
Contact Officer & Copyright Details
Passage
History
Taxation Laws Amendment (Superannuation) Bill (No. 2)
2002
Date Introduced: 16 May 2002
House: House of Representatives
Portfolio: Treasury
Commencement: The provisions
and measures have various application dates, which are described
below.
To enhance the overall
attractiveness, accessibility and security of superannuation
by:
-
- requiring employers to make at least quarterly superannuation
contributions on behalf of their employees
-
- reducing the superannuation surcharge rates by one-tenth of
their current level each year for the next 3 years
-
- allowing superannuation contributions to be made on behalf of
children who would not otherwise have superannuation
-
- increasing the deduction limit for personal superannuation
contributions made by the self employed, and
-
- increasing from 70 to 75 the age up to which working members of
superannuation funds can make personal superannuation
contributions.
Superannuation is a tax-effective investment
vehicle, but is known for its complexity and frequent change. The
complexity covers most areas of the superannuation system including
prudential legislation, taxation legislation and disclosure
regulation. Frequent legislative changes contribute to the system's
complexity. In addition, the superannuation system constantly
changes as many of the financial thresholds are indexed.
The superannuation and taxation laws both compel
certain things be done, and use incentives in the taxation system
to encourage things to be done. This section summarises the laws so
that the amendments in this Bill can be placed in context.
All employer contributions, certain 'golden
handshakes' and tax deductible personal contributions made to
superannuation funds for high-income earners are subject to a
surcharge of up to 15 per cent. The surcharge is currently phased
in over the income levels of $85 242 to $103 507 with the surcharge
increasing by one per cent for each additional $1219 of income from
$85 242. The surcharge may also be payable if a member doesn't
quote their Tax File Number to their superannuation fund. For an
account which existed prior to 7 May 1997 and received less than
the surchargeable contributions threshold of $3248, the surcharge
will not be levied merely due to the non-quotation of a Tax File
Number in relation to that account for that year.
The SG scheme requires all employers to provide
a minimum level of superannuation support in each financial year
for employees (with limited exceptions). The SG scheme operates in
conjunction with award superannuation so that contributions made by
an employer in conjunction with an industrial award may be counted
towards the employer's superannuation guarantee obligations. The
minimum level of employer support is currently 8 per cent of
employee earnings. On 1 July 2002, this rate increases to its
legislated maximum of 9 per cent of earnings. Contributions are
required to be made on an annual basis, although employers are not
prevented from making more frequent contributions.
Self-employed persons get a full tax deduction
on the first $3000 of contributions plus 75 per cent of the
remaining contribution up to the age based deduction limits. The
deduction limits for 2001-02 are:
|
Age of employee (years)
|
Deduction limit
|
|
under 35
|
$11 912
|
|
35 to 49
|
$33 087
|
|
50 and over
|
$82 054
|
Superannuation funds may accept non-SG and
non-award employer contributions in respect of a person who is
gainfully employed on at least a part-time basis. Where a member is
aged 65 but less than 70, the fund must be satisfied that the
member is gainfully employed for a minimum of 10 hours each week in
respect of which they accept non-mandated employer contributions.
Non-SG and non-award employer contributions cannot be accepted for
members aged 70 or over in any circumstances.
A summary of the laws affecting the ability of
people over the age of 65 is in the Department of the Parliamentary
Library's Research Note 26 2001-02, Superannuation For
People Primarily Over 65 Years of Age.(1)
In general, all employees (including minors)
earning more than $450 per month are eligible to receive SG
contributions. An exception to the rule is certain minors that work
part time. An employer does not have to make superannuation
contributions for part time employees (who work not more than 30
hours per week) under 18 years of age.(2) Minors that
are covered by a relevant Federal or State industrial awards may
also be eligible for compulsory employer superannuation
contributions. An example of this would be, say, an apprentice
under the age of 18. Minors can also make voluntary superannuation
contributions to a superannuation fund, however, superannuation
funds require:
-
- the member has, at any time in the two years before acceptance
of the contributions, engaged in full time or part-time gainful
employment(3)
-
- a member is 'gainfully employed' if employed or self employed
for gain or reward in any business, trade, profession, vocation,
calling, occupation or employment. 'Full time' means gainfully
employed for at least 30 hours per week; 'part time' means
gainfully employed for at least 10 hours and less than 30 hours per
week.(4)
During the 2001 election campaign, the
Government released A Better Superannuation
System(5) containing a number of proposed reforms
to superannuation. This document contained 13 election promises.
One of these promises has already been legislated.(6)
The proposed reforms from A Better Superannuation System
implemented via this Bill are summarised in the following
table.
|
Proposed reform
|
Proposed date
of effect
|
|
Require all employers to make at least quarterly superannuation
contributions on behalf of their employees
|
1 July 2003
|
|
Reduce the superannuation and termination payments surcharge
rates by ten per cent of their current level over each of the next
three years (a maximum of 1.5 percentage points each year)
|
1 July 2002
|
|
Allow superannuation contributions up to $1000 per annum to be
made on behalf of children under 18 years of age who do not
otherwise have superannuation
|
1 July 2002
|
|
Increase the current full deduction limit for the self employed
to $5000 (from $3000) and 75% tax deductible for contributions over
$5000 (up from $3000) up to the person aged based limit.
|
1 July 2002
|
|
Increase from 70 years to 75 years the age up to which working
members of superannuation funds can make personal superannuation
contributions
|
1 July 2002
|
2002-03 Budget
Announcements
The 2002-03 Budget provided further details
about the implementation of these proposals. This section
summarises the Budget announcements regarding these measures.
Quarterly superannuation
contributions
A Better Superannuation System
quarterly Superannuation Guarantee contributions
Revenue ($m)
| |
2002-03
|
2003-04
|
2004-05
|
2005-06
|
|
Australian Taxation Office
|
-
|
35.0
|
5.0
|
6.0
|
Explanation
From 1 July 2003, employers will be
required to make Superannuation Guarantee (SG) contributions to a
complying superannuation fund or retirement savings account on
behalf of their eligible employees on at least a quarterly basis.
Currently, employers are only required to make SG contributions on
an annual basis, although most employers make contributions more
frequently than this.
As part of a quarterly SG regime, the following
will also apply:
-
- for defaulting employers, the Superannuation Guarantee Charge
(SGC) will be imposed quarterly with a lower administration
component and the nominal interest component calculated from the
beginning of the relevant quarter;
-
- the earnings threshold that determines whether an employee is
entitled to SG will change from $450 per month to
$1,350 per quarter;
-
- employers will be required to report to their employees the
amount and destination of SG contributions when contributions are
made; and
-
- in order to assist employers make the transition to quarterly
payments, no administration or nominal interest components of the
SGC will apply to shortfalls arising within the first two quarters
from 1 July 2003.(7)
As part of the 2002-03 Budget announcement, the
Minister for Revenue and Assistant Treasurer, Senator the Hon.
Helen Coonan justified changing the earnings threshold that
determines whether an employee is entitled to SG will change from
$450 per month to $1,350 per quarter in the following terms.
The quarterly threshold should reduce the
compliance impact on business, particularly those with seasonal or
casual workers (e.g. rural and retail sectors). (8)
Senator Coonan also announced that employers
will be required to report to their employees the amount and
destination of SG contributions when contributions are made.
According to Senator Coonan, "such a reporting regime would enhance
employee ownership of retirement incomes issues and provide a
mechanism that should alert employees in a timely fashion to the
non-payment of SG."
A Better Superannuation System
reducing the Superannuation Surcharge rate
Revenue ($m)
| |
2002-03
|
2003-04
|
2004-05
|
2005-06
|
|
Australian Taxation Office
|
-
|
-50.0
|
-120.0
|
-200.0
|
Explanation
From 1 July 2002, the superannuation
and termination payments surcharge rates will be reduced by one
tenth of their current levels for each of the next three income
years. As a consequence, the maximum surcharge rates will be
reduced to 13 per cent in 2002-03,
12 per cent in 2003-04 and 10 per cent in
2004-05 and succeeding years.
Further, in keeping with its election
commitment, the Government will review the surcharge arrangements
after three years to determine whether any further changes are
required.(9)
A Better Superannuation System
superannuation for life: child accounts
| |
2002-03
|
2003-04
|
2004-05
|
2005-06
|
|
Australian Taxation Office
|
-0.2
|
-0.6
|
-1.0
|
-1.5
|
Explanation
From 1 July 2002, parents,
grandparents, other relations and friends will be able to
contribute to superannuation on behalf of children. Under this
measure, contributions of up to $3,000 per child
per 3 year period can be made on behalf of a child.
The proposal in A Better Superannuation
System limited contributions on behalf of a child to
$1,000 per annum. The changed contribution limit of
$3,000 per child per 3 year period will provide
greater flexibility for persons making contributions on behalf of a
child and increases the range of superannuation funds that will
accept these contributions.
Contributions on behalf of a child will not form
part of the taxable income of a superannuation fund or retirement
savings account provider, and will not be eligible for the
Government co-contribution or attract a tax
deduction.(10)
A Better Superannuation System
higher fully deductible amount for superannuation contributions by
self-employed persons
Revenue ($m)
| |
2002-03
|
2003-04
|
2004-05
|
2005-06
|
|
Australian Taxation Office
|
-
|
-10.0
|
-10.0
|
-10.0
|
Explanation
From 1 July 2002, the fully deductible
amount for superannuation contributions by self-employed and other
eligible persons will be increased from $3,000 to $5,000.
Contributions above the fully deductible amount
will continue to be 75 per cent tax deductible with
a maximum deduction equal to the taxpayer s age based
limit.(11)
A Better Superannuation System
continuing superannuation contributions to age 75
Revenue ($m)
| |
2002-03
|
2003-04
|
2004-05
|
2005-06
|
|
Australian Taxation Office
|
-
|
-
|
-
|
-
|
Explanation
From 1 July 2002, working people aged
over 70 but less than 75 will be able to make personal
contributions to superannuation.
Currently, people aged over 70 cannot make
personal contributions to superannuation, although funds can accept
mandated employer contributions (generally only those made under an
industrial award). This measure will allow these people to
contribute to superannuation if they are working at least
10 hours per week. This is consistent with the
current treatment of people aged over 65 but less than 70.
This measure does not extend Superannuation
Guarantee arrangements to people working past age 70.
Individuals aged over 70 but less than 75, who
are making personal superannuation contributions, will not be
eligible for an income tax deduction or the co-contribution.
Furthermore, employers will only be able to claim a tax deduction
for employer contributions made for individuals aged over 70 if
they are mandated employer contributions under an industrial award
obligation.
The Government will also amend the compulsory
cashing standards so that individuals aged over 70 but less than 75
will only be required to cash their superannuation benefits if they
are no longer working
10 hours per week.(12)
The Association of Superannuation Funds of
Australia (ASFA) welcomed the move to require employers to make
more regular quarterly payments of super contributions, but
criticised the proposal to change the SG threshold from $450 per
month to $1350 per quarter. According to ASFA, many casual,
part-time and seasonal employees will miss out on their super
entitlements altogether if they have one or several part-time or
casual jobs (below that threshold) in any quarter. Women, who make
up 72 per cent of part-time employees, will be hardest hit by this
move.(13)
The ALP members of the Senate Select Committee
on Superannuation and Financial Services supported the
recommendations in the report Enforcement of the Superannuation
Guarantee Charge, including the recommendation to introduce
quarterly SG contributions.
The ALP has indicated that it is unlikely to
support the proposal to change the earnings threshold from
$450 per month to $1350 per quarter. Senator
the Hon. Nick Sherry, Shadow Minister for Shadow Minister for
Retirement Incomes and Savings, and Consumer Affairs has said that
the Government's proposals will eliminate tens of thousands of
casual employees who are currently receiving superannuation, and
that Labor will refer it to a Senate committee.(14)
In relation to the cut in the surcharge rate,
the Leader of the Opposition the Hon. Simon Crean, MP argued that
it benefits the top 3 per cent of income earners. His alternative
proposal is outlined below.
Our alternative propositions for the use of the
money are these: we can redirect the money earmarked for the few
into cutting the superannuation tax for all Australians from the
present 15 per cent to 13 per cent; or we can cut the tax to 11 and
a half per cent for people over 40 years of age the age when most
people start getting serious about planning for their retirement.
The last option would mean a cut of more than 25 per cent in
superannuation contributions tax. It would add many thousands of
dollars to everyone's retirement income whilst still being
economically responsible. It would be a powerful incentive for
Australians to invest in their own future, helping us to cope with
our future needs. It is a fairer alternative.(15)
Australian Democrats policy
position
The Australian Democrats member of the Senate
Select Committee on Superannuation and Financial Services supported
the recommendations in the report Enforcement of the
Superannuation Guarantee Charge, including the recommendation
to introduce quarterly SG contributions.
Main
Provisions
This schedule has three parts. Part 1 contains
the main amendments to the Superannuation Guarantee
(Administration) Act 1992 to introduce quarterly SG
contributions. Part 2 contains consequential amendments to
legislation other than the SG legislation. Part 3 sets out the
application of the amendments in Parts 1 and 2.
Part 1: Amendments to
Superannuation Guarantee (Administration) Act
1992
Items 1 to 3
amend section 5 to ensure the new method of calculating any SG
shortfall (quarterly as opposed to the current method of annually)
applies to the Commonwealth.
Item 14 replaces the definition
of 'quarter' with a more detailed definition, namely, a three-month
period commencing on the first days of January, April, July and
October.
Section 6B of the Superannuation Guarantee
(Administration) Act 1992 contains procedures for the trustees
of superannuation fund to provide the Commissioner of Taxation with
'conversion notices,' or statements that they wish to be treated as
a defined benefit fund. Item 20 updates the date
of effect of conversion notices to take account of the move to
quarterly imposition of superannuation SG.
Section 10 of the Superannuation Guarantee
(Administration) Act 1992 deals with benefit certificates,
which are statements written by actuaries certifying that a
particular defined benefit superannuation fund complies with the
requirements of the Act. Item 25 updates the date
of effect of benefit certificates conversion notices to take
account of the move to quarterly imposition of superannuation
SG.
Items 41 to 44
replace the calculation of the maximum contributions base (the
maximum SG contribution an employer has to make in respect of an
employee per quarter) in section 15. This
amendment will simplify the indexation of the maximum contributions
base in subsequent years.
Item 48 provides a new method
for determining a SG shortfall. The formula replaces the current
method of calculating an annual SG liability with a new method of
calculating a quarterly SG liability. A new innovation is
stipulated in new subsection 19(2) that the SG
'charge percentage is 9.' This replaces the phase-in schedules in
sections 20 and 21, which by 1 July 2002 will reach the maximum
level of 9 per cent. The schedules will be redundant from that
date, which is why item 51 repeals sections 20 and
21.
Item 116 inserts a
new section 23A to require
employers to report to employees the amount and destination of any
SG contributions made to accumulation (or defined contribution
superannuation funds) within 30 days of the contribution being
made.
Subsection 27(2) excludes employees who earn
less than $450 per month from the SG system. Item
126 increases this threshold to $1350 per quarter. This
amendment has the potential of excluding many part-time and casual
workers from SG. This fact is considered briefly in the Explanatory
Memorandum's 'Detailed explanation of the new law,' and the
'Assessment of impacts.'(16)
Under section 35, SG contributions must be paid
by 14 August for SG liabilities accrued over the previous financial
year. Items 145, 146 and 150
provide four new deadlines by which quarterly contributions must be
paid that is, the 14th day of the second month following
the end of the quarter.
Items 45,
154, 155, 156
and 158 make amendments to ensure that certain
obligations previously required to be made annually must now me
made annually. Under a system of annual SG contributions, the Act
uses the term 'contribution period.' Items
16, 26 to 40,
49, 52, 54 to
58, 62 to 64,
68, 69, 71,
73 to 75, 77 to
80, 86 to 89,
90, 101, 103 to
105, 108 to 110,
114, and 117 to
122 replace 'contribution period' with references
to quarters.
Item 131 amends the nominal
interest component in section 31 so that interest is calculated in
a quarter rather than from the beginning of a financial year.
Items 132 to 135
amend section 32 to reduce the penalties imposed for non compliance
in line with the shift from an annual to a quarterly regime.
Item 135 reduces the administrative component of
any penalty from $30 to $20.
Part 2 of Schedule 1 of the Bill makes
consequential amendments to the following Acts to reflect the
quarterly contributions being introduced under Part 1 of Schedule
1:
-
- Defence Act 1903
-
- Income Tax Assessment Act 1936
-
- Income Tax Assessment Act 1997
-
- Superannuation Contributions Tax Imposition Act 1997,
and
-
- Superannuation Contributions Tax (Members of
Constitutionally Protected Superannuation Funds) Imposition Act
1997.
Item 193 makes the amendments
made by Part 1 of Schedule 1 take effect from 1 July 2003. The
Superannuation Guarantee (Administration) Act 1992
continues to apply for SG shortfalls and related matters for years
that end before 1 July 2003 as if the amendments in Schedule 1 had
not been made.
Item 194 provides a
transitional provision by waiving certain nominal interest or
administration components where there is a SG shortfall in either
or both of the first two quarters of 2003-04.
Items 195 and
196 ensure that conversion notices and benefit
certificates issued before 1 July 2003 remain valid when the
quarterly contribution requirement is introduced.
This schedule has three parts. Part 1 reduces
the superannuation contributions and terminations payment surcharge
rates by 1/10th of their current levels in each of the 3
income years commencing form 1 July 2002. Part 2 amends the
provisions that impose a limit on the maximum amount of surcharge
payable by members of constitutionally protected superannuation
funds and the maximum reduction of benefits of members of certain
unfunded defined benefit superannuation schemes. Part 3 sets out
the application of the amendments in parts 1 and 2.
Item 1 adds a new
subsection 5(1AA) into the Superannuation
Contributions Tax Imposition Act 1997 (SCT Act) that changes
the definitions in a formula used to calculate the superannuation
surcharge. This simplifies the calculation of the surcharge over
the years in which the surcharge rate is reduced each year. The new
terms in the formula do not affect the indexation of the
thresholds, only the maximum rate of surcharge levied over the next
three financial years.
Item 3 inserts a
new subsection 5(1)
(formula) into the SCT Act to substitute a new
formula for calculating the surcharge to incorporate the new
definitions in item 1.
Item 9 adds a
new subsection 5(1A) into the
Superannuation Contributions Tax (Members of Constitutionally
Protected Superannuation Funds) Imposition Act 1997 (SCTMCPSF
Act) that changes the definitions in a formula used to calculate
the superannuation surcharge. This simplifies the calculation of
the surcharge over the years in which the surcharge rate is reduced
each year. The new terms in the formula do not affect the
indexation of the thresholds, only the maximum rate of surcharge
levied over the next three financial years.
Item 11 inserts a
new subsection 5(1)
(formula) into the SCTMCPSF Act to substitute a
new formula for calculating the surcharge to incorporate the new
definitions in item 9.
Item 17 adds a new
subsection 5(1AA) into the Terminations
Payment Tax Imposition Act 1997 (TPTI Act) that changes the
definitions in a formula used to calculate the superannuation
surcharge. This simplifies the calculation of the surcharge over
the years in which the surcharge rate is reduced each year. The new
terms in the formula do affect the indexation of the thresholds,
only the maximum rate of surcharge levied over the next three
financial years.
Item 19 inserts a
new subsection 5(1)
(formula) into the TPTI Act to substitute a new
formula for calculating the surcharge to incorporate the new
definitions in item 9.
Constitutionally protected superannuation
schemes have complicated methods of calculating superannuation
surcharge, primarily due to the design of such schemes. For members
of these schemes, superannuation surcharge liability accumulates in
a 'surcharge debt account.' The member's liability is the lesser of
the amount in the 'surcharge debt account' and 15 per cent of the
employer contribution (reflecting the current maximum surcharge
rate). Trustees of certain constitutionally protected
superannuation funds can reduce the benefits payable to members of
such funds by no more than 15 per cent of the employer financed
component that accrued after the commencement of the surcharge to
discharge a surcharge liability.
The items in this Part 2 enables trustees to
reduce this employer component of a benefit by the following
amounts:
-
- 13.5% for the amount that accrued in the 2002-03 financial
year
-
- 12% for the amount that accrued in the 2003-04 financial
year
-
- 10.5% for the amount that accrued in the 2004-05 financial
year.
The new reduction amounts are implemented
by:
-
- Item 24, which replaces subsection
6C(3) of the Defence Force Retirement and Death
Benefits Act 1973
-
- Item 25, which replaces subsection
4E(3) of the Parliamentary Contributory Superannuation
Act 1948
-
- Item 26, which replaces subsection
80A(3) of the Superannuation Act 1976
-
- Items 27 and 28, which
replace subsections 4(1) and 4(2)
of the Superannuation Contributions Tax (Application to the
Commonwealth Reduction of Benefits) Act 1997
-
- Items 29, 30 and
31, which replace paragraphs
15(6)(b) and 15(6AA)(d) of the
Superannuation Contributions Tax (Members of Constitutionally
Protected Superannuation Funds) Assessment and Collection Act
1997.
Item 32 states
that amendments made in Part 1 of Schedule 2 apply to surcharge in
respect of the 2002-03 and subsequent financial years.
Item 33 states
that amendments made by items 24
to 29 apply in relation to benefits that become
payable on or after 1 July 2002. Item
34 states that the amendment made by
item 30 continues to apply in
relation to benefits that become payable before that
item commences as if the amendment made by that
item had not been made. Item 35
states that the amendment made by item
31 applies in relation to superannuation funds
that cease to be constitutionally protected funds on or after 1
July 2002.
Schedule 3 Deductions for contributions
to complying superannuation funds or RSA (particularly for persons
aged over 70)
This schedule amends the Income Tax
Assessment Act 1936 and the Income Tax Assessment Act
1997 to implement the election promise to enable working
people aged over 70 but less than 75 to make personal contributions
to superannuation. The new age limit of 75 years will be
implemented by amending the Superannuation Industry Regulations
1994, whereas the amendments in this Schedule establish the
tax status of such contributions.
Item 1 amends the
subsection 82AAC(1) of the Income Tax
Assessment Act 1936 by adding a new Note 3
that a tax deduction might be denied or reduced if the contribution
is made more than 28 days after the month in which the employee
turns 70.
Item 2 amends the
subsection 82AAT(1) of the Income Tax
Assessment Act 1936 by adding a new Note that
states that a tax deduction might be denied or reduced if the
contribution is made more than 28 days after the month in which the
employee turns 70.
Item 3 inserts a new
section 26-80 into the Income Tax Assessment
Act 1997. Under proposed section 26-80, a
superannuation contribution will be deductible if the contribution
is made more than 28 days after the month in which the employee
turns 70. However, an exception to this rule will apply where the
contribution is required by an industrial award or to meet SG
obligations. This means that if an employee is over 70 years of
age, and the employer is required by SG or an award to contribute
to a superannuation fund on behalf of that employee, the
contributions are tax deductible to the employer.
Item 4 states that the
amendments implemented by items 1 to
3 apply for the 2002-03 and subsequent income
years.
This schedule amends the Income Tax
Assessment Act 1936 to exempt from the taxable income of a
complying superannuation fund those contributions made on behalf of
persons under 18 years of age (other than those made by an
employer). Section 274 provides that taxable superannuation
contributions generally include contributions made by one person
for another person. There are a number of exemptions from what are
deemed taxable contributions. Items 1 and 2 amend
subparagraph 274(1)(a)(i) and subparagraph 274(1)(ba)(i) to expand
these exemptions to include contributions made on behalf of persons
under 18 years of age (other than those made by an employer).
Item 3 makes the exemptions
from taxation introduced by items 1 and 2 apply
for the 2002-03 and subsequent income years.
This schedule amends the Income Tax
Assessment Act 1936 to increase the deduction available to the
self-employed for personal superannuation contributions.
Item 1 amends subparagraphs 82AAT(2)(a)(i) and
(ii). The amendment has two effects: first, it increases the fully
tax deductible amount for eligible self employed persons, from
$3000 to $5000; second, it allows for a 75 per cent tax deduction
for superannuation contributions that exceed $5000 (up to the
person's age based limit).
Item 2 makes the higher
deduction limits introduced by item 1 apply for
the 2002-03 and subsequent income years.
This schedule makes technical amendments to
correct legislative oversights arising in a number of Acts that
have been passed by the Parliament. The most significant of these
amendments is an amendment to the Bankruptcy Act 1966 to
ensure that SG Charge and any related General Interest Charge have
a priority in bankruptcy equal to that of salary and wages.
The amendments in this Bill implement a number
of the Government's pre-election promises and Budget announcements
on superannuation. Few would doubt the merit of the proposal
regarding deductions for contributions for persons aged over 70
(Schedule 3), the proposal to make taxable contributions paid for
the benefit of children under 18 years (Schedule 4), and increased
deduction limits for superannuation contributions for the self
employed (Schedule 5). These proposals enable the groups targeted
by the measures to increase their retirement income.
In relation to the measures for children under
age 18 (Schedule 4), the 2002-03 Budget Announcement introduced a
contribution limit of $3,000 per child
per 3 year period. The Bill does not contain any items
that introduce this contributions limit. However, the Explanatory
Memorandum notes that the Superannuation Industry Supervision
Regulations and Retirement Savings Accounts Regulations will be
amended to enable superannuation funds and RSA to accept such
contributions, but is silent on whether the contributions limit
will be contained in these amendments to Regulations. The intended
location of the contribution limit has not been provided. This may
be a legislative oversight, or something that will be included in
Regulations.
The introduction of quarterly superannuation
contributions (Schedule 1) makes mandatory a practice conducted by
85 per cent of employers. A down-side for employers is increased
reporting requirements, namely, the requirement to inform employees
when and where superannuation contributions were made. The biggest
change introduced by this measure is the expansion of the exemption
from SG from employees earning $450 per month to $1350 per quarter.
The effect of expanding the exemption will be to exclude many
part-time and casual workers from the SG system. It is arguable
that this is an appropriate trade-off for employer's increased
burden in other areas. However, a contrary case could be argued
that this is an alternative means of the Government implementing
its 1996 election promise (but never implemented) to employees
earning between $450 to $900 per month to receive wages or salary
in lieu of SG. This proposal was called 'opting out of the SG
system,'(17) and has the following chief advantages:
-
- reduced administrative costs for employers, and
-
- for low income earners, more cash in the hand and no concern
keeping track of small superannuation accounts.
Even though, 'opting-out' was voluntary, the
effect of expanding the SG exemption is the same, if not harsher
since employees will not have the extra cash in the hand promised
under 'opting out.'
It is arguable that reducing the surcharge rates
is a step in the right direction, or a small concession to those
who would prefer to see it abolished altogether. Nonetheless, the
superannuation contributions and termination payments surcharge are
important sources of revenue for the Government. In 2000-01
surcharge collections alone amounted to almost $700
million.(18) These surcharges were introduced as 'equity
measures' to make the level of superannuation taxation concessions
available to high income earners more comparable to those available
to middle and lower income earners. The amendments in Schedule 2
undermine this purpose by increasing the level of tax concession
available to high income earners. Despite amending the surcharge
rates, the surcharge legislation remains on the statute books. Many
of the witnesses to the 23rd report of the former Senate
Select Committee on Superannuation provisions will still be dealing
with the complex administration, clumsy assessment procedures and
on-going administration costs that are born not just by high income
earners, but all superannuation fund members.(19)
-
- Access this document via the link:http://www.aph.gov.au/library/pubs/rn/2001-02/02rn26.pdf.
- CCH Australia, Australian Master Superannuation Guide
2000-01, p. 428.
- Superannuation Industry Supervision Regulations 1994,
Regulation 7.04 (1)(b).
- Australian Master Superannuation Guide, p. 42.
- Liberal Party of Australia, 5 November 2001.
- Legislation to enable non-residents who permanently depart
Australia to access their superannuation was passed on 12 March
2002. Details of the relevant Bill can be accessed via Bills
Digest No. 99 2001-02 Taxation Laws Amendment (Superannuation) Bill
(No. 1) 2002 (http://www.aph.gov.au/library/pubs/bd/2001-02/02bd099.pdf).
- The Hon. Peter Costello, MP, Treasurer, Budget Paper No. 2:
Budget Measures 2002-03, Canberra, 14 May 2002, pp. 13 14.
- Senator the Hon. Helen Coonan, Minister for Revenue and
Assistant Treasurer, A Better Superannuation System - Quarterly
Superannuation Guarantee Contributions, Press Release
C49/02, 14 May 2002.
- Budget Paper No. 2: Budget Measures 2002-03, p. 14.
- ibid., p. 16.
- ibid., p. 13.
- ibid., pp. 12 13.
- Association of Superannuation Funds of Australia, New Rule
Means Thousands Left Out Of Super, Press Release, 15 May 2002.
- The Hon. Simon Crean and the Hon. Nick Sherry,
Superannuation, Federal Budget, Pharmaceutical Benefits
Scheme, Doorstop Interview, Canberra, 17 May 2002.
- The Hon. Simon Crean, MP, House of Representatives,
Debates, 16 May 2002, Second Reading Speech, Appropriation
Bill (No. 1) 2002-03, p. 2391.
- See page 15; and the sections on pages 26-27 on the costs to
employers, government, and the ATO. The examination of the costs to
employees receive cursory coverage compared with other
stakeholders.
- See The Hon. Peter Costello, MP, Treasurer, Budget Paper
No. 2: Budget Measures 1997-98, Canberra, 13 May 1997, pp. 191
192.
- Commissioner of Taxation, Annual Report 2000-01, p.
23.
- See the 23rd report of the former Senate Select Committee
on Superannuation, Superannuation Surcharge Legislation,
especially Chapter 4: The Proposed Collection Mechanism.
David Kehl
5 June 2002
Bills Digest Service
Information and Research Services
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