Trustees forced to wait till 2020 for SG opt-out
Trustees hoping to make use of the government’s new super guarantee (SG) opt-out measures for high-income earners will need to wait until next year due to rules that require employees to give 60 days notice to the ATO, according to technical experts.
The government’s Treasury Laws Amendment (2018 Superannuation Measures No. 1) Bill 2019 was reintroduced to parliament last week and is expected to pass imminently.
The bill contains measures allowing high-income earners such as doctors who may inadvertently breach the concessional contributions cap through receiving SG contributions from multiple employers to opt out of receiving these contributions.
But despite the legislation being backdated to 1 July 2018, employees hoping to opt out of the SG will need to notify the ATO 60 days before the start of the next quarter, meaning trustees will not be able to use the measures until next year, Super Concepts general manager of technical services and education Peter Burgess said.
“Even if the bill is passed quickly, and unless the [ATO] commissioner uses his discretion to defer the due date for applications, clients probably won’t be able to take advantage of this measure until the March 2020 financial quarter at the earliest,” Mr Burgess said.
Heffron head of SMSF and technical education services Lyn Formica said the firm would be following the issue of SG opt-outs closely, given it was still not clear from the legislation how easily the rule would be implemented.
“Given the measure is dependent on eligible employees applying for an exemption certificate, it is likely that it may not be available until December 2019 unless the commissioner defers the due date,” Ms Formica said.
While the technical elements still needed working through, BDO national leader for superannuation Paul Rafton said the measures were a positive move for trustees looking for more autonomy with their contributions.
“The overall intent of the law is good because it’s going to save a lot of red tape and double handling,” he said.
“For high-income earners there will certainly be some benefit in being able to pick which employer pays their super guarantee.”
