Information for employersVersion: 7.3
As an employer, can I claim a tax deduction for contributions I make on behalf of my employees?
You can claim a tax deduction for certain contributions you make to complying super funds on behalf of your employees who are under 75 years old.
Note: SMSFs with a status of 'Registered – status not determined' are treated as complying until lodgement of the fund's first annual return. You may need to obtain a written statement from the fund that it is a resident regulated super fund to ensure a contribution to this fund qualifies as a superannuation guarantee payment.
You can only claim a tax deduction for contributions you make on behalf of employees who are 75 years old or over if those contributions are required under:
- an industrial award
- a determination
- a notional agreement preserving state awards.
The ATO accepts that you (the employer) made a tax-deductible contribution to a complying fund if one of the following is satisfied:
- the fund was a complying super fund for the whole of the income year in which the contribution was made
- at the time the contribution was made, you had reasonable grounds to believe that the fund was a complying fund for the income year
- at or before the time of making the contribution you obtained a written statement from the fund that it was a resident regulated super fund within the Superannuation Industry (Supervision) Act 1993 and was not subject to any direction under that Act not to accept your contributions.
You cannot claim a tax deduction for contributions you make to:
- a non-complying super fund
- a newly established fund whose election to be regulated is being considered by the ATO.