D12 - Personal superannuation contributions 2014

Did you make personal superannuation contributions during the year to a complying superannuation fund or a retirement savings account (RSA)?

No	Go to question D13 Deduction for project pool, or return to main menu Individual tax return instructions.
Yes	You may be able to claim a deduction. Read below.

Are you eligible to claim a deduction?

You may be able to claim a deduction for personal contributions you made to a complying superannuation fund or RSA in 2013–14 if:

• you satisfied the age-related conditions
• you gave a valid notice of intent to your fund or RSA provider, in the approved form, and advised them of the amount you intend to claim as a deduction (you must give this notice on or before the day you lodge your 2014 tax return or 30 June 2015, whichever is earlier)
• your fund or RSA provider acknowledged your valid notice, and
• less than 10% of the sum of your assessable income plus your reportable employer superannuation contributions (shown at item IT2 in the Income tests section on page 8 of your tax return) plus your total reportable fringe benefits amounts (shown at item IT1 in the Income tests section on page 8 of your tax return) was attributable to activities that resulted in you being treated as an employee for the purposes of the superannuation guarantee law. See You need to know below for an explanation of these activities and also see the note below.

Assessable income is the amount you wrote at Total income or loss on page 3 of your tax return unless:

• you had a distribution from a partnership or trust, income or losses from rent or business (including personal services income), capital gains or capital losses or foreign source income
• you claimed your share of joint deductions against some jointly shared income
• you claimed a deductible amount for a foreign pension or annuity at item D11 on your tax return, or
• you have a deductible farm management deposit amount at item 17 label D.

In any of these cases, phone 13 10 20 for help in working out your assessable income.

You need to know

The deduction you claim can only reduce your taxable income to nil. It cannot add to or create a loss.

The deduction you claim may also be used in the income tests for eligibility for certain tax offsets and government benefits. See Income tests.

If you are 65 years old or older, you can only make personal contributions if you meet certain conditions. You should check with your superannuation fund or RSA provider.

Generally, you will be treated as an employee for superannuation guarantee purposes if you are paid salary or wages or other remuneration in return for your personal labour or skills. This includes some contractors working under a contract principally for their labour. Activities that result in you being treated as an employee for the purposes of the superannuation guarantee law also include holding an office or appointment under a law of the Commonwealth, state or territory (for example, a public servant) and performing functions or duties as a member of an executive body of a body corporate (for example, a director of a company). For more information, see:

• Superannuation Guarantee Ruling SGR 2005/1- Superannuation guarantee: who is an employee?
• Superannuation Guarantee Ruling SGR 2005/2- Superannuation guarantee: work arranged by intermediaries
• Taxation Ruling TR 2010/1 - Income tax: superannuation contributions.

You were carrying on a business if you were engaged in any profession, trade, employment, vocation or calling other than being an employee.

Complete this item only if your superannuation fund or RSA provider has given you an acknowledgment of your valid notice which advised them of the amount you intend to claim as a deduction.

Superannuation contributions splitting

Complying superannuation funds and RSA providers may allow you to split your superannuation contributions with your spouse. However, personal superannuation contributions for which you don't claim an income tax deduction cannot be split to your spouse's superannuation account.

If you intend to lodge a notice of intention to claim a deduction for personal superannuation contributions with your fund, you must do it before you lodge your superannuation contributions splitting application for those contributions.

A superannuation contributions splitting application can only be made to your fund or retirement savings account (RSA) provider:

• during the income year that follows the end of the income year in which you made the contributions, or
• during the same income year you made the contributions if your entire benefit is to be rolled over, transferred or cashed before the end of that year.

For more information, see Contributions splitting (NAT 15237).

A spouse can be of the same or opposite sex (see Special circumstances and glossary).

Superannuation contribution caps and government super contributions

The amount of your personal superannuation contributions allowed as an income tax deduction will count towards your concessional contributions. The amount of your personal contributions that is not allowed as an income tax deduction will count towards your non-concessional contributions.

You may be entitled to receive a government super co-contribution based on the personal contributions you made for which you did not or could not claim a tax deduction. The co-contribution is a matching government super contribution for low income earners who make a personal super contribution.

You may be entitled to receive a Low Income Super Contribution (LISC) based on your concessional contributions - including your personal super contributions for which you did claim a tax deduction. The LISC is a government super contribution (up to a maximum of $500) for low income earners that is designed to offset the tax paid by super funds on concessional contributions. The government has announced that it intends to remove the low income super contribution, effective from 1 July 2013. At the time of publishing this change had not become law.

For more information about the progress of this legislation go to ato.gov.au/newlegislation

Check that you have provided your tax file number to your superannuation fund to ensure you can make a personal contribution and ensure you receive your co-contribution entitlement.

Completing this item

Step 1

Have you provided, in the approved form, a valid notice of your intention to claim a deduction for personal superannuation contributions to your fund or RSA provider?

Yes	Go to step 2.
No	Send this notice to your fund or RSA provider before you lodge your tax return. You are not entitled to claim a deduction for personal superannuation contributions unless you have given the notice and received an acknowledgment from your fund or RSA provider.

Step 2

Have you received an acknowledgment from your fund or RSA provider that you gave them a valid notice of your intent to claim a deduction for personal superannuation contributions?

Yes	Go to step 3.
No	You are not entitled to a deduction for personal superannuation contributions. Go to question D13 Deduction for project pool.

Step 3

Were you 18 years old or older on 30 June 2014?

Yes	Go to step 5.
No	Go to step 4.

Step 4

Did you receive income from carrying on a business or from activities that resulted in you being treated as an employee for superannuation guarantee purposes?

Yes	Go to step 7.
No	You are not entitled to a deduction for personal superannuation contributions. Go to question D13 Deduction for project pool.

Step 5

Did you turn 75 years old before 1 June 2013?

Yes	You are not eligible to claim a deduction for personal superannuation contributions for the 2013–14 year. Go to question D13 Deduction for project pool.
No	Go to step 6.

Step 6

Did you turn 75 years old between 1 June 2013 and 31 May 2014 inclusive?

No	Go to step 7.
Yes	Add up all the contributions you made between 1 July 2013 and the 28th day of the month following the month in which you turned 75 years old (inclusive) which you are eligible to claim as a tax deduction. This is the amount you write at H item D12 on page 15 of your tax return (supplementary section) if you answer No at step 7. Go to step 7.

Step 7

Did you earn 10% or more of the combined total of your assessable income, reportable employer super contributions and reportable fringe benefit amounts from activities which resulted in you being treated as an employee for superannuation guarantee law purposes?

Yes	You are not eligible to claim a deduction for personal superannuation contributions for the 2013–14 year. Go to question D13 Deduction for project pool.
No	Go to step 8.

Step 8

Add up all your 2013–14 contributions which you are eligible to claim as a tax deduction, and write the amount at H item D12 on page 15 of your tax return. Go to step 9.

Step 9

If you contributed to only one fund or retirement savings account (RSA), print its full name, either its Australian business number (ABN) or tax file number (TFN), and your account number in the boxes at item D12. Remember, your fund or RSA provider must have given you an acknowledgment of your valid notice which advised them of the amount you are claiming as a deduction.

If you contributed to more than one fund or RSA, print 'Additional information' in the Full name of fund box at item D12. In the other boxes, provide details of the fund or RSA provider to which you made the largest contribution and from which you have received an acknowledgment.

You cannot write an amount at H that is higher than the amount your superannuation funds or RSA providers acknowledged.

You may vary your valid notice to reduce the amount stated in relation to your contribution (including to nil). You cannot vary your valid notice to increase the amount stated in relation to your contribution.

You must notify your superannuation fund or RSA provider of any variation, in the approved form, on or before the day you lodge your 2014 tax return or 30 June 2015, whichever is earlier. Once you have provided notification, the amount you write at H for that contribution is limited to the reduced amount.

You may vary your notice after that date if the amount stated does not meet the personal superannuation contributions conditions and we have disallowed an amount of your deduction. For example:

• the deduction you claimed exceeds your assessable income
• you have claimed a deduction but you do not satisfy the 10% rule.

You can only vary your notice after that date by the amount of the deduction that does not meet the conditions and that we disallowed.

Schedules of additional information

If you are claiming a deduction at this item you may need to provide one or both of the following schedules of additional information.

If you contributed to more than one fund or RSA, you must provide additional information. On a separate piece of paper, print SCHEDULE OF ADDITIONAL INFORMATION - ITEM D12, your name, address and tax file number. For each superannuation fund or RSA provider from which you have received an acknowledgment of your notice of intent to claim the deduction, print the full name of that fund or RSA provider, the fund ABN or TFN of that fund or RSA provider, your account number and the amount that you are claiming as a deduction.

You must complete an additional information schedule if you received:

• a payment under an income protection, sickness or accident insurance policy held with an insurer which you entered at item 1 because tax was withheld from them, or
• a parental leave payment which you entered at item 1.

On the schedule, you will need to write the following where applicable:

• item number relating to the schedule (item D12)
• ABN of the insurer
• name of the person or the entity that holds the policy
• type of policy (for example, 'income protection insurance policy')
• amount received,
• amount of tax withheld
• amount of parental leave payment
• that you completed this schedule last year and your deduction claim was allowed

Print X in the Yes box at Taxpayer's declaration question 2 on page 10 of your tax return. Attach your schedule to page 3 of your tax return.

If you need more information, phone 13 10 20.

Check that you have...

• kept your notice of intent to claim a deduction and the acknowledgment of your notice from your superannuation fund or RSA provider, as we may ask to see them
• attached to page 3 of your tax return your SCHEDULE OF ADDITIONAL INFORMATION - ITEM D12, if you need to send us one.

Where to go next

• Go to question D13 Deduction for project pool.
• Return to main menu Individual tax return instructions.
• Go back to question D11 Deductible amount of undeducted purchase price of a foreign pension or annuity.