Ask the Expert: Non-concessional super caps, downsizer contributions and spouse pensions
One cannot use the increased cap until your bring-forward arrangement has expired.
Question 1
Hello Craig. Thank you for your interesting and informative column. I notice that the annual cap for non-concessional super contributions has increased from July 1, 2024. If one is in a bring-forward arrangement based on the current/old cap, will the additional amount ($10k pa) be available as of July 1, 2024? Many thanks, Lang
Hi Lang,
This is an important question which I have seen catch people out and led them to breach their non-concessional (after-tax) cap and have penalties imposed.
If you have already triggered a bring-forward arrangement, by making a non-concessional (after-tax) contribution above the standard annual cap, you are then locked into the cap at that time.
You cannot use the increased cap until your bring-forward arrangement has expired.
As an example, if you made a non-concessional contribution of $200,000 in 2023-24 you are then locked into a maximum of $330,000 over three years.
This is calculated as $110,000 annual cap x 3.
Therefore, in this example, you could only contribute the difference $130,000 ($330,000 minus $200,000) over the 2024-25 and 2025-26 financial years.
As you have mentioned the cap has now increased to $120,000 from $110,000.
But in this example, you can only use the higher cap, once your three years has expired at the end of 2025-26.
Question 2
Can I sell my house, and deposit the $300,000 on my super without buying a downsized home?
Yes, the ‘downsizer super’ rules are really mis-named.
You still qualify to make the ‘downsizer’ contribution even if you do not buy another home, or in fact you buy a bigger or more expensive home.
The main rules require:
- You have to have owned the home for at least 10 years
- You are at least 55 years of age
- The home, at least for part of its ownership, must have been your main residence, i.e. it can’t just have been an investment property or holiday home for the entire period
- You must make the contributions within 90 days of the change of ownership (settlement date). Sometimes the ATO will allow an extension on the 90 days if you apply
- You can only make one downsizer super contribution in your lifetime.
Question 3
Hi Craig, I’m 65 and I’m hoping to retire this year initially taking Long Service Leave, then returning to work about six weeks then retiring. My question is: My husband is 69 and still working and will retire at 70. I’ve been told that if I put my $400,000+ super into pension mode from September when I retire this will affect his pension as I will be drawing approximately $50,000 until I turn 67. Should transfer my TTP back into accumulation account and draw from this for two years? Thanks
Yes, if you move your super to a pension it will be counted in your husband’s age pension assessment.
You could leave the funds in accumulation and they won’t be counted until you attain age pension age (67).
In the interim if you need additional money, you could just make an ad hoc lump sum withdrawal from your super as required.
Alternatively, you could move only a small amount of your super to a pension, leaving the bulk of your super in accumulation and thereby shielding it from your husband’s age pension assessment until you hit age 67.
Craig Sankey is a licensed financial adviser and head of Technical Services and Advice Enablement at Industry Fund Services.
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