Eligibility
You may be eligible to opt out of receiving some super guarantee (SG) contributions if you have more than one employer and expect their mandated concessional super contributions to exceed your concessional contributions cap for a financial year.
The SG employer shortfall exemption certificate releases one or more of your employers from their SG obligations for up to four quarters in one financial year. You still need to receive SG contributions from at least one employer for each quarter.
The exemption certificate means the employer will not be liable for the super guarantee charge (SGC) if they don't make SG contributions on your behalf for the quarters covered by the certificate. It's important you talk to your employer before applying as they can choose to disregard an exemption certificate and continue to make SG contributions.
Before applying, consider your employment arrangements, such as how your pay and other entitlements may change and the effect of any relevant award or workplace agreement. Your tax agent may provide you with advice based on your circumstances.
How to apply for an exemption certificate
Use the Super guarantee opt out for high income earners with multiple employers form (NAT 75067) to apply for a SG employer shortfall exemption certificate.
The application:
- must be made by the employee to be covered by the certificate – an employer can't apply for an exemption certificate
- can only be made in respect of current employers
- must be lodged in the approved form at least 60 days before the first day of the first quarter that the application relates to.
We must receive your application at least 60 days before the first quarter for which the employer shortfall exemption certificate is sought as shown in this table.
Quarter beginning |
We must receive the application on or before |
|---|---|
1 July |
2 May |
1 October |
2 August |
1 January |
2 November of the preceding calendar year |
1 April |
31 January (or 1 February in a leap year) |
An exemption certificate can be for a period of up to four quarters in one financial year. A separate application is required for each financial year.
What we consider
We will only issue you with an exemption certificate if:
- you're likely to exceed your concessional contributions cap in the financial year that includes the quarters for which an exemption is sought
- after issuing the certificate, you will still have at least one employer obliged to pay SG contributions in each quarter covered in the exemption certificate.
When considering your application, we will take into account the effect of any other certificates already issued to you for the financial year.
If your application is approved, we will issue a written notice to each of your employers covered by an exemption certificate. We will also send you a copy of the certificate for each exempted employer.
Once issued, the exemption certificate cannot be varied or revoked.
If we decline your application, we will notify you. We are not required to inform your employers.
If you're dissatisfied with our decision, you may Dispute or object to an ATO decision.
Check if you can opt out of receiving super guarantee from some employers to avoid exceeding the contributions cap.