Salary sacrifice is an agreement between an employee and an employer where the employee sacrifices part of their pre-tax salary in return for other benefits, including superannuation contributions. The employee directs the employer to allocate portion of the total remuneration package to salary or wages and the remainder to Superannuation and other benefits.

It is an extremely popular method of increasing the amount a taxpayer has in superannuation, and it is also advantageous from a financial planning perspective.

With the superannuation tax concession, 85% (or lesser if the superannuation surcharge applies) of the employee’s pre-tax salary is invested compared to 51.5% if paying tax at the highest personal tax rate and investing the after-tax income.

An effective salary sacrifice arrangement is one in which the employer and employee agree upon the employee’s total remuneration package before any services are provided.

Employee at the time of deciding should give consideration to the following issues before deciding the amount to be allocated to Superannuation from total remuneration package.

  1. Personal Tax Rates
  2. Maximum deductible Contribution limits
  3. Superannuation Surcharge

Personal Resident Tax Rates 2005 - 2006
Taxable Income Marginal Rate Tax Payable
0 - $6,000 Nil Nil
$6,001 - $21,600 17% 17% of the amount over $6,000
$21,601- $63,000 30% $2,340 + 30% of the amount over $21,600
$63,001 - $95,000 42% $14,760 + 42% of the amount over $63,000
Over $95,001 47% $28,200 + 47% of the amount over $95,000


1.5% of taxable income

An additional 1% Medicare surcharge applies for taxpayers and families without adequate private hospital cover if the taxable income plus reportable fringe benefits exceeds:
Single Taxpayer $50,000 Family $100,000

 

Maximum deductible Contribution to a Super fund is based on the age of the employee.

The age-based limits for the 2003/04, 2004/5 and 2005/06 years are as follows:

Age of Employee 2003/04 2004/05 2005/06
Under 35 $ 13,233 $ 13,934 $ 14,603
Between 35 to 49 $ 36,754 $ 38,702 $ 40,560
Over 50 $ 91,149 $ 95,980 $ 100,587

Surcharge is additional tax, which the Superannuation Funds has to pay to tax office, provided Adjustable taxable income is over the lower limit in the following table.
Income Year Income (ATI) Lower Limit Income (ATI) Upper Limit Divisor Indexation Factor
2005-06 $ 104,496 $126,887 2239.10 1.048
2004-05 $99,710 $121,075 1709.20 1.053
2003-04 $94,691 $114,981 1399.31 1.046
2002/2003 $90,527 $109,924 $1,295 1.062
2001/2002 $85,242 $103,507 $1,219 1.046
2000/2001 $81,493 $98,955 $1,165 1.042
1999/2000 $78,208 $94,966 $1,118 1.031
1998/1999 $75,856 $92,111 $1,084 1.036
1997/1998 $73,220 $88,910 $1,046 1.046
1996/1997 $70,000 $85,000 $1,000 -

To calculate the surcharge tax in any financial year apply the numbers in the table above to the table below:

Income (ATI)
Surcharge Rate (%)
2004/2005
Less than Lower Limit 0%
Between the Lower Limit and the Upper Limit (ATI- Lower Limit)/Divisor
Above the Upper Limit 13.5%

Please note the government has introduced legislation to reduce the maximum surcharge rate to 12.5% in 2004/05, 10% in 2005/06 and beyond..

Please note that Super Surcharge is abolished from 1st July 2005

Adjusted Taxable Income (ATI) includes

ü       Taxable income,

ü       Reportable fringe benefits,

ü       Employer contributions,

ü       Deductible member contributions,

ü       Unfunded employer ETPs.

 

ATI does not include

ü       ETPs cashed out of a super fund,

ü       Long service leave & annual leave

ü       Amounts paid due to bone fide redundancy,

ü       Early retirement scheme or invalidity payment.

For Example if the Total Remuneration package of the employee is $100,000, there are several ways he can be paid by the employer. Each pay out scheme would depend on the personal circumstance of the employee. We can assist the employee in deciding which scheme would help him to maximise benefits and legally reduce his tax.

 

Last updated on 18th July 2005

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