What new income tests? In last year's federal
budget, the Government decided to remove some of the
inconsistencies and inequities from the means tests on government
benefits and tax offsets. Presently, different definitions of
income apply for different means tests, allowing some people to
structure their affairs so they can qualify for benefits they might
otherwise not get.
How do they do that? The most common strategies
are to sacrifice salary into super or to negatively gear into a
rental property or other investment. For example, eligibility for
the popular superannuation co-contribution is based on your
assessable income plus reportable fringe benefits. The upper limit
at which the co-contribution cuts out is $60,342 and the full
co-contribution only applies on incomes up to $30,342. So someone
earning $70,000 would not normally be eligible. However, if they
asked their employer to sacrifice $20,000 of their salary into
super, then made a $1000 after-tax contribution, they would receive
a $517 super co-contribution from the Government as their income
for co-contribution purposes would be $50,000. From July 1, the
extra $20,000 will still be included in their salary and they will
no longer qualify.
What other benefits are affected? There's quite
a list. It includes the pensioner and mature-age worker tax
offsets, the Medicare levy surcharge (but not the Medicare levy
itself), the senior Australians tax offset, the spouse super
contributions tax offset, dependency tax offsets, the baby bonus,
child-care benefit, child support, the higher-education loan
program, youth allowance and Family Tax Benefit parts A and B. All
these are currently means tested but the income tests don't include
salary sacrifices to super.
According to MLC technical services, the 10 per cent test that
determines whether you are eligible to claim a tax deduction on
personal super contributions (the amount you earn as an employee
must be less than 10 per cent of your assessable income plus
reportable fringe benefits) will also include salary-sacrificed
super from July1. This will affect people like medical specialists
who work in the public health system as well as running their own
private practices.
You mentioned negative gearing losses would be included
as well? Income from rental losses is already included in
a number of means tests but MLC's head of technical services,
Andrew Lawless, says this is being expanded to include all
investment losses and will apply across most benefits and tax
offsets.
That means losses made from geared share and managed fund
investments will be included in your income for the means tests.
Fringe benefits will also be included in the means tests for the
seniors and dependency tax offsets but the tax office will apply
the modified "adjusted fringe benefits" used for family tax
benefits, the baby bonus, youth allowance and child-care benefit
rather than the full value of the fringe benefit. In simple terms,
says Lawless, your adjusted fringe benefits are the fringe benefits
reported by your employer multiplied by 54.5 per cent.
Lawless says changes will be made to eligibility for the
Commonwealth Seniors Health Card. Parliament has already passed
legislation incorporating investment losses into the means test but
a separate bill (yet to be passed) will also include reportable
super contributions and benefits paid from a taxed super fund.
Lawless says this means any tax-free withdrawals or income that
you take from your fund from age 60 (or the tax-free component paid
out before 60) will now be included in your income for determining
your health-card eligibility.
The health card is available to people of age-pension age who do
not receive a government pension. You need an adjusted taxable
income of less than $50,000 for singles or $80,000 for couples
living together. That adjusted taxable income currently comprises
your taxable income plus net rental property losses, foreign income
not normally taxed in Australia including fringe benefits and
employer-provided fringe benefits in Australia. So a couple drawing
a super pension of $50,000 each would currently receive the card
provided they are both 60 or older but will be ineligible after
July 1 if the changes are passed.
Do I need to change my financial strategies as a result
of these changes? Lawless says popular strategies such as
salary sacrificing to qualify for a
co-contribution will no longer be possible although you do have
the remaining months of this financial year to claim a last bite of
the cherry. It is worth reviewing your strategies in light of these
changes but most investors undertake strategies such as gearing or
salary sacrifice for their broader benefits and view improved
access to Government benefits as a bonus.
What does it all mean?
Confused by all the means tests? That's hardly surprising. Even
with the new more-consistent rules it's still enough to make your
head spin.
As Lawless points out, some income tests are based on family
(rather than personal) income, some include a modified definition
of reportable fringe benefits and-or reportable super contributions
and some include other forms of income, such as the benefits from a
taxed super scheme counted for the Commonwealth Seniors Health
Card.
Detailed information on particular benefits is available from
the tax office (ato.gov.au), the Family Assistance Office
(familyassist.gov.au) and Centrelink (centrelink.gov.au).