You will be entitled to a tax offset of up to $540 per year if you meet all of the following conditions:
the contributions were non-deductible to the claimant
you must make a contribution to your spouse’s super. This is a contribution made using after-tax dollars, which you haven’t claimed as a tax deduction
you must be married or in a de facto relationship, and both the taxpayer and spouse were living together permanently at the time the contributions were made
both the taxpayer and spouse were Australian residents at the time the contributions were made
the receiving spouse has to be under the age of 67, or if they’re between 67 and 74 they must meet work test requirements, meaning they were gainfully employed during the financial year for at least 40 hours over a period of no more than 30 consecutive days
the receiving spouse’s assessable income plus reportable fringe benefits and reportable employer superannuation contributions must be $37,000 or less for you to qualify for the full tax offset and less than $40,000 for you to receive a partial tax offset.
spouse’s non-concessional contributions for the financial year corresponding to the income year do not exceed the spouse’s non-concessional contributions cap for the financial year
immediately before the start of the financial year, the spouse’s total superannuation balance does not equal or exceed the general transfer balance cap for the financial year.
You can claim the maximum tax offset of $540 if:
you contribute to the eligible super fund of your spouse, whether married or de facto, and
your spouse's income is $37,000 or less
The tax offset amount reduces when your spouse's income is greater than $37,000 and completely phases out when your spouse’s income reaches $40,000.
The tax offset for eligible spouse contributions can't be claimed for super contributions that you made to your own fund, then split to your spouse. That is called a rollover or transfer, not a contribution.
Examples
Example 1 – eligible for the tax offset for super contributions on behalf of your spouse
Robert and Judy are spouses. Robert earns $19,000 in 2018–19 and Judy makes a $3,500 contribution to Robert's super fund.
Robert and Judy meet the eligibility requirements. This means Judy can claim a tax offset in her 2018–19 tax return for the contributions she paid into Robert's fund.
The tax offset is calculated as 18% of the lesser of:
$3,000 minus the amount over $37,000 that Robert earned (in this case, nil)
the value of the spouse contributions (in this case, $3,500).
Judy is entitled to a tax offset of $540, being 18% of $3,000. End of example
Example 2 – entitled to part of the tax offset for super contributions on behalf of your spouse
Carmel and Adam are married and living together. Carmel is 46 years old and her income is $38,000 per year. Carmel has not exceeded her non-concessional contributions cap for the income year, and her total super balance is under $1.6 million.
Adam wishes to make a super contribution of $3,000, on Carmel’s behalf, to her complying super fund.
Before 1 July 2017, Carmel’s income would be too high and therefore Adam would not be eligible for a spouse tax offset for an eligible contribution.
From 1 July 2017, under the new arrangements, Carmel’s income is under the threshold. Adam is eligible for a tax offset. As Carmel earns more than $37,000 per year, Adam will not receive the maximum tax offset of $540. Instead, Adam calculates his entitlement as 18% of the lesser of:
$3,000 reduced by every dollar over $37,000 that Carmel earns
the value of spouse contributions.
Carmel earns $1,000 over the $37,000 income threshold. Adam’s tax offset is $360. This is calculated as 18% of $2,000 ($3,000 reduced by the $1,000 that Carmel earned over the $37,000 income threshold). This amount is less than the value of the spouse contributions ($3,000).
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