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Do self-employed Australians need to pay themselves super?

In Australia, employers are currently required to pay eligible employees superannuation contributions of 10 per cent of their ordinary time earnings. But self-employed Australians are responsible for their own retirement savings. If you are self-employed as a sole trader or in a partnership, you don’t have to pay your own super, but you can make personal super contributions to ensure you have some money set aside for your retirement.

If you do choose to make personal super contributions, it's important to ensure the super fund has your tax file number (TFN) or they may not be able to accept the contribution and you could face higher tax rates. While you don’t have to make contributions, you can claim a tax deduction on them as long as you don’t breach the annual cap.

If you pay yourself a wage, then you may be required to pay 10 per cent of your pre-tax wage to your super fund – just like any other employer would pay the superannuation guarantee.

Why do some self-employed people avoid superannuation?

Some self-employed Australians avoid paying super to maximise their weekly take home pay. While this may be a valid strategy for some, it’s worth considering the significant benefits superannuation offers, including the following:

  • Super contributions that don't exceed the annual cap are taxed at the concessional rate. Say, for example, a person who earns $60,000 a year from their business chooses to contribute $10,000 of their pre-tax income to their superannuation. The $10,000 super contribution will be taxed at 15 per cent, instead of the marginal tax rate of 34.5 per cent they’d pay in income tax and Medicare levy.
  • The money put into super will typically earn greater returns than having it sit in the bank, so your savings have the opportunity to grow faster. Just keep in mind you won’t be able to readily access it until later in life.
  • You may be able to claim a tax deduction for contributions you make from after-tax income, thereby reducing your taxable income so you pay less tax.
  • You may also be eligible for a government co-contribution if you are a low or middle-income earner.
  • Superannuation often comes with other potential benefits such as death cover and total and permanent disability insurance.

What are the risks of avoiding paying self-employed super?

If you avoid paying super, you could find yourself in a precarious financial position when you retire with not enough money to live off. By not contributing to your super throughout your career, you would be missing out on the compounding returns that would see your nest egg grow over time. Plus, you wouldn’t be covered by the insurance that many funds offer, unless you have sought out cover separately.

How much super should you pay yourself if self-employed?

If you’re paying yourself a wage, you may want to consider paying at least 10 per cent of your pre-tax income into super in line with government regulations.

However, what you pay in superannuation will depend on your financial situation, cashflow, and retirement goals. It may be that you make a lump sum contribution when your cash flow allows. It’s a good idea to seek financial advice to ensure you are doing what best meets your needs.

Superannuation for self-employed Australians and tax benefits

If your gross income is less than $250,000 per annum, you’ll pay 15 per cent tax on your super contributions from your pre-tax earnings. If you earn more than $250,000, you'll be taxed 30 per cent.

Earnings made within super are taxed at a maximum of 15 per cent. If you’re receiving a pension through your super, those earnings are tax-free. If you had that same money outside your super, you would be taxed at your marginal tax rate. The key is not to exceed the annual caps.

There are several ways your super may be able to deliver tax benefits:

Government co-contribution

If you’re a low or middle income earner and make a personal after-tax contribution to your super fund, the government will contribute a maximum of $500 known as a co-contribution. The amount of government co-contribution depends on your income and how much you put in. You don’t need to apply for this – the ATO will determine if you’re eligible as long as your super fund has your TFN. The government co-contribution is tax-free.

Tax deductions

To claim a tax deduction, you need to file a “notice of intent” with your super fund and it needs to be acknowledged before you can claim it in your tax return. Contributing to a spouse’s super does not qualify for a tax deduction. By claiming personal contributions as a tax deduction, you reduce your overall taxable income and cut the amount of tax you pay.

Personal super contributions are amounts you contribute to your super fund that will count towards your non-concessional contribution cap unless you claim a tax deduction for them. If you claim a tax deduction, they become part of your concessional contributions. You can’t claim a tax deduction for your personal contributions AND be eligible for a super co-contribution.

Spouse contributions

If you contribute to your spouse’s super fund, you may be eligible for a spouse contribution tax offset of up to $540 if your spouse’s income is $37,000 or less.

Can you withdraw your super if you’re self-employed?

The same rules apply whether you are self-employed or not. Super can only be withdrawn early in limited circumstances. These are:

  • Compassionate grounds: These include medical treatment for you or your dependent, making a payment on a home loan or council rates so you don’t lose your home, palliative care and expenses associated with the death of your dependent.
  • Financial hardship: To qualify, you need to have received eligible government income support payments continuously for six months AND are not able to meet immediate family living expenses. The maximum withdrawal is $10,000 in a 12-month period.
  • Terminal medical condition: Two registered doctors need to certify that you are suffering from an illness that will likely result in death within 24 months.
  • Temporary incapacity: Money is usually accessed through the insurance benefits linked to your super account. Payments are made in regular instalments until you’re able to work again.
  • Permanent incapacity: Your super can be paid as a lump sum or as regular payments.
  • Under $200: If you have a super fund with under $200 in it, you can withdraw that money.
  • First Home Super Saver Scheme: Those eligible can apply to withdraw up to $15,000 from any one financial year and up to $30,000 across all years to help save for a first home.

Remember that taking even a small amount of your super now can have a huge impact on your retirement savings down the track. Taking out $10,000 while in your 20s could leave your super balance tens of thousands worse off at retirement. There could also be tax implications when withdrawing early.

Can self-employed Australians salary sacrifice super?

Because you aren’t being paid a regular salary by an employer, you can’t salary sacrifice the way others can. However, you may choose to make personal contributions from your pre-tax income to help you reduce your tax bill and grow your retirement income.

Choosing a super fund if you’re self-employed

There are five key things to consider when choosing a superannuation fund:

  1. Performance: Compare the fund’s investment performance over at least five years, taking into account fees and charges. Make sure you’re comparing the same investment option over the same time frame, for example a balanced option over five years.
  2. Fees: There’s no escaping them but the lower the fees, the better. Fees are often charged monthly and after any actions you take like switching investment options.
  3. Insurance: Look at the insurance cover the fund offers its members including death, total and permanent disability and income protection insurance. Consider the premiums, the amount of cover and any exclusions.
  4. Investment options: You can usually choose from a range of options including growth, balanced, conservative, cash, ethical, and MySuper. Your age and retirement goals may help guide this decision.
  5. Services: Some may offer services that attract additional fees such as providing financial advice.

A great place to start is a comparison website like RateCity that can do the homework for you.

How to pay super when you’re self-employed

If you already have a super fund from previous employment, make sure the fund has your TFN and check if they’ll accept your contributions while self-employed.

There are two main ways to contribute depending on how you pay yourself:

  1. If you receive a wage, set up a regular transfer into your chosen super fund from your pre-tax income.
  2. If you receive income from business revenue, transfer a lump sum payment into your super when your cash flow allows.

What is an SMSF trust deed?

If you want to have more control over your retirement savings and how they’re invested, you can consider choosing to set up a Self-Managed Superannuation Fund (SMSF). The SMSF would be used instead of putting your money in an industry or retail super fund.
 
The rules for operating an SMSF are outlined in a legally binding document known as the SMSF trust deed. It lays out the fund's purpose, which should be limited to providing retirement benefits to fund members. An SMSF trust deed also contains: 

  • The names of the members and trustees
  • The procedure for appointing and removing trustees
  • The specific types of investments that the fund can make
  • How the benefits will be paid out at retirement (as a lump sum or in the form of an income stream) 

Once the SMSF trust deed is finalised, an SMSF must be operated according to the procedures laid out in the deed. If the SMSF does not function according to the trust deed, severe penalties may be imposed on the members and trustees of the fund. If the SMSF is audited, the members are required to provide the trust deed to help the auditor check whether the fund's operations comply with the deed or not.
 
If you plan to set up an SMSF, you can purchase a standard SMSF trust deed online. You can also have a financial advisor assist you with the setup and have them draw one up. It’s also essential to review and update your SMSF trust deed from time to time to keep it up to date with any changes to superannuation legislation. If you want to change the SMSF investment strategy or invest in an asset not listed in the trust deed, you’ll need to revisit the trust deed and update the provisions to ensure there is no conflict.

What is an SMSF?

An SMSF is a self-managed superannuation fund. SMSFs have to follow the same rules and restrictions as ordinary superannuation funds.

SMSFs allow Australians to directly invest their superannuation, rather than let ordinary funds manage their money for them.

SMSFs are regulated by the Australian Taxation Office (ATO). They can have up to four members. All members must be trustees (or directors if there is a corporate trustee).

Unlike with ordinary funds, SMSF members are responsible for meeting compliance obligations.

What are the risks and challenges of an SMSF?

  • SMSFs have high set-up and running costs
  • They come with complicated compliance obligations
  • It takes a lot of time to research investment options
  • It can be difficult to make such big financial decisions

What should I know before getting an SMSF?

Four questions to ask yourself before taking out an SMSF include:

  1. Do I have enough superannuation to justify the higher set-up and running costs?
  2. Am I able to handle complicated compliance obligations?
  3. Am I willing to spend lots of time researching investment options?
  4. Do I have the skill to make big financial decisions?

It’s also worth remembering that ordinary superannuation funds usually offer discounted life insurance and disability insurance. These discounts would no longer be available if you decided to manage your own super.

How do I set up an SMSF?

Setting up an SMSF takes more work than registering with an ordinary superannuation fund. 

An SMSF is a type of trust, so if you want to create an SMSF, you first have to create a trust.

To create a trust, you will need trustees, who must sign a trustee declaration. You will also need identifiable beneficiaries and assets for the fund – although these can be as little as a few dollars.

You will also need to create a trust deed, which is a document that lays out the rules of your SMSF. The trust deed must be prepared by a qualified professional and signed by all trustees.

To qualify as an Australian superannuation fund, the SMSF must meet these three criteria:

  • The fund must be established in Australia – or at least one of its assets must be located in Australia
  • The central management and control of the fund must ordinarily be in Australia
  • The fund must have active members who are Australian residents and who hold at least 50 per cent of the fund’s assets – or it must have no active members

Once your SMSF is established and all trustees have signed a trustee declaration, you have 60 days to apply for an Australian Business Number (ABN).

When completing the ABN application, you should ask for a tax file number for your fund. You should also ask for the fund to be regulated by the Australian Taxation Office – otherwise it won’t receive tax concessions.

Your next step is to open a bank account in your fund’s name. This account must be kept separated from the accounts held by the trustees and any related employers.

Your SMSF will also need an electronic service address, so it can receive contributions.

Finally, you will need to create an investment strategy, which explains how your fund will invest its money, and an exit strategy, which explains how and why it would ever close.

Please note that you can pay an adviser to set up your SMSF. You might also want to take the Self-Managed Superannuation Fund Trustee Education Program, which is a free program that has been created by CPA Australia and Chartered Accountants Australia & New Zealand.

Fact Checked

This article was reviewed by Personal Finance Editor Georgia Brown before it was published as part of RateCity's Fact Check process.

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^Words such as "top", "best", "cheapest" or "lowest" are not a recommendation or rating of products. This page compares a range of products from selected providers and not all products or providers are included in the comparison. There is no such thing as a 'one- size-fits-all' financial product. The best loan, credit card, superannuation account or bank account for you might not be the best choice for someone else. Before selecting any financial product you should read the fine print carefully, including the product disclosure statement, target market determination fact sheet or terms and conditions document and obtain professional financial advice on whether a product is right for you and your finances.