Excess contributions tax de-mystified.
Excess contributions tax de-mystified

You might be one of those fortunate and unfortunate taxpayers who receives excess contributions tax assessment. Fortunate, because it almost certainly means you are a high-income tax earner. Unfortunate because, well, nobody likes getting a tax bill. You might find in your Notice of Assessment that your expected refund has been reduced because of an excess contributions tax or you might get an Amended Notice of Assessment after you have received your refund. This depends on whether your super fund has notified the ATO of the excess contributions before or after you have lodged your tax return.
The ATO lists your options when you receive an excess contributions tax assessment, but taxpayers generally find these confusing and often ask their Tax Agent to recommend an option.
It helps to understand the ATO position. Firstly, it provides tax incentives for taxpayers to accumulate enough money in super to fund a decent retirement. On the other hand, it does not want multi-millionaires to be totally tax-free in retirement, so it sets a limit on the amounts a taxpayer can contribute to super. With some exceptions, taxpayers can contribute up to $30,000 per year in concessional contributions and $120,000 in non-concessional contributions. Concessional means taxable or tax-deductible.
Suppose Beryl contributes $31,000 in concessional contributions to super during the 2024-25 year. She can claim a deduction of $30,000. That is straightforward. Beryl can then leave the excess $1,000 in super and pay the excess contributions tax or she can elect to release the $1,000 from super. Where most taxpayers struggle is in trying to work out which option costs them the least tax. Here’s the thing. The tax will be the same whichever option Beryl chooses.
Beryl happens to be in the tax bracket where she pays 37% tax plus 2% Medicare levy, so her actual tax rate is 39%. The ATO is going to collect 39% of $1000 ($390) whether she chooses to leave the excess in the fund or whether she releases it from the fund. There is no point agonising about the tax consequences. If Beryl releases $1,000 from the super fund, this means, in effect, that her employer has paid her an extra $1,000 (via the super fund). This is added to her assessable income and she pays tax on it at 39%. (In practice, she pays 24% because her super fund has already paid 15% contribution tax to the ATO).
If, on the other hand, Beryl chooses to leave the $1,000 in the fund, she receives an excess contributions tax assessment of 24%. The fund has paid the 15% contribution tax when it received the contribution, so the total tax paid is still $$390.
Beryl’s options only relate to whether she leaves the cash in the fund or withdraws it. The fund has already paid $150 to the ATO so if she chooses to release the excess contribution she will receive only $850.
In the end, and cutting through all the jargon, the only issue for Beryl to consider is whether to leave $850 in the fund or whether to withdraw it.
I should mention that, if Beryl’s total super balances were less than $5000 and she had unused concessional contributions from previous years, she could use these to offset the current $1,000 excess and avoid an excess contributions tax assessment.
I should also mention that, in rare circumstances, the ATO may disregard the excess contribution entirely, but these cases are few and far between.










