Y Exempt current pension income

The income of a complying superannuation fund or PST derived from assets held to provide for current 'pension liabilities', and which would otherwise be assessable income, is exempt from income tax (unless it is non-arm’s length income or assessable contributions). You would have included this income as part of the total shown at W. To ensure the income derived from assets held for current pension liabilities is not taxed, it is necessary to deduct the exempt amount at Y.

Do not reduce the exempt income shown at Y by the amount of expenses incurred in deriving that exempt income. Doing so will understate the amount of exempt current pension income and will result in some of that income being subject to tax.

Expenses incurred in gaining or producing exempt income are not deductible; those expenses should not be shown anywhere at item 11.

For treatment of expenses incurred wholly or partly in producing assessable income, see Section C Deductions.

Pension liabilities are the fund's liabilities to pay superannuation income stream benefits. The exemption on current pension income applies to all funds currently paying pensions. It does not provide an automatic exemption of the fund's total income as certain conditions must be met to obtain an exemption. There are two methods by which the trustee of a fund can determine the exempt income shown at Y. Either one method or both methods may be used depending on the circumstances. Different conditions for claiming the exemption apply, depending on the method used.

A fund is entitled to franking credits on franked dividends received, even when the dividends are part of exempt current pension income.

First method: Income from segregated assets used to meet current pension liabilities

If a complying fund segregates its assets so that the income can be identified as derived from the segregated assets held to provide for current pension liabilities, that income is the exempt income (section 295-385 of the ITAA 1997). For the purpose of calculating exempt income under section 295-385 of the ITAA 1997, non-arm's length income and assessable contributions are excluded from the fund's income.

If an actuarial certificate is required, the trustee must obtain the certificate before the date for lodgment of the fund's tax return.

An actuarial certificate is not required if assets are segregated at all times during the income year and the only superannuation income stream benefits being paid from the segregated assets are a type prescribed by Income Tax Assessment Regulations 1997. Superannuation income streams prescribed for this purpose by Income Tax Assessment Regulation 295-385.01 include allocated pensions, market-linked pensions and account-based pension types.

If the fund pays any other type of superannuation income stream, an actuarial certificate will be required for all superannuation income streams (subsection 295-385(5) of the ITAA 1997).

Assets of a complying superannuation fund that are supporting a superannuation income stream benefit prescribed by the regulations (for the purposes outlined above), are not segregated current pension assets to the extent that the market value of those assets exceeds the account balance of the benefit (subsection 295-385(6) of the ITAA 1997).

Second method: Income from unsegregated assets used to meet current pension liabilities

If a complying fund's income is derived from assets that are not segregated between current pension liabilities and other liabilities, the income that is exempt from tax is the portion calculated (under subsection 295-390(3) of the ITAA 1997) by dividing:

the fund's average value of current pension liabilities (excluding liabilities for which segregated current pension assets are held)

by

the fund's average value of superannuation liabilities (excluding liabilities for which segregated current pension assets or segregated non-current assets are held).

For the purposes of calculating exempt income under this method, non-arm's length income, assessable contributions, income derived from segregated non-current assets and income exempted under section 295-385 of the ITAA 1997 are excluded from fund income (subsection 295-390(2) of the ITAA 1997).

An actuarial certificate is required under subsection 295-390(4) of the ITAA 1997.

An actuarial certificate is also required if the fund has segregated non-current assets (subsection 295-395(1) of the ITAA 1997).

Pooled superannuation trusts

Pooled superannuation trusts (PSTs) are entitled to an exemption for that portion of otherwise assessable income that is attributable to the current pension liabilities of unit holders that are complying funds and that could otherwise be claimed as exempt income by the complying fund if the income was derived directly by the complying fund. Non-arm's length income, and assessable income transferred by a fund to the PST under section 295-260 of the ITAA 1997, is excluded from the exemption.

Subsection 295-400(1) of the ITAA 1997 sets out a formula for calculating the proportion of otherwise assessable income that is exempt if the fund (unit holder) segregates current pension assets. Alternatively, the trustee of a PST can choose a different amount as exempt income of the PST by applying subsection 295-400(3) of the ITAA 1997.