Are payments from self insurance reserve counted towards your concessional contribution cap?

19 March 2013

Admin User

According to an interpretative decision release by the Australian Taxation Office (ATO) ID 2012 / 32 they would be. 

The self insurance reserve would be considered a reserve per Sub-regulation 292 - 25.01(4) of the Income Tax Assessment Regulations 1997 (ITAR 1997). Therefore payments allocated from the reserve to a member's superannuation account would generally count towards the contribution cap.

In certain situation movement of funds between reserves to a member's account would not count towards the contributions reserve.  The conditions are outlined in Sub-regulation 292 - 25.01 (4)  and Income Tax Assessment Amendment Regulations 2007 (No. 3) gives further guidance. 

Also refer to  http://mcnamaraandco.com/news/2012/12/how-are-transfers-from-reserves-to-members-balances-in-a-self-managed-superannuation-fund-smsf-treated/  

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