Transition to retirement tax strategies

Article

Setting a tax strategy for your clients before they start their transition to retirement (TtR) pension is an important step in helping them increase both their savings and their super.

Understanding pension types

Account-based pensions may either be retirement phase pensions or TtR pensions. The difference between the two types of pensions is primarily the way in which they are internally taxed:

Retirement phase pensions

This type of pension can be commenced when a super fund member has met a full condition of release and is not taxed on its earnings including capital gains.

Transition to retirement (TtR) pensions

TtR pensions can be commenced once a super fund member reaches preservation age, and these are taxed at up to 15% on the earnings, including capital gains. 

Tax implications of a TtR pension payment

Unlike the tax on earnings within a TtR pension, the tax treatment of income payments from a TtR pension to the account holder depends on their age:

  • If your client is 60 or over when they receive income payments from a TtR, the income payments are still tax free where the super fund is a taxed scheme.
  • If your client is under age 60, the taxable portion is taxed at their marginal tax rate less a 15% tax offset.

In situations where a client has reached their preservation age but has not yet retired, a TtR pension can provide them with additional income. This was the original intention of the transition to retirement condition of release.

The below case study demonstrates how a client can use a TtR pension to receive additional income:

Jenny, aged 60

Jenny is single and aged 60. She works four days a week in day care and earns $43,000 per annum. After tax, her net income is $37,853. She is finding it difficult to afford her lifestyle and expenses. Jenny has $220,000 in her superannuation account.

Using a TtR pension, Jenny can receive additional income of up to $22,000 in this financial year, increasing her total net income to $59,853. This will be sufficient to meet her lifestyle expenses, however she should note that by drawing from her superannuation savings now, she will have less to rely on during her retirement.

TtR income swap strategies

There may still also be a benefit for clients to make pre-tax contributions into super and replace that income with TtR pension income. When using an income swap strategy, it’s important to remember that personal deductible and salary sacrifice contributions are taxed at 15% on the way into super, and possibly at 30% if your client has income* and low tax contributions exceeding $250,000 in a financial year.

It is also crucial to ensure that the client does not exceed their concessional contribution cap. Personal deductible contributions and salary sacrificed contributions count towards the client’s concessional contributions cap as do super guarantee (SG) contributions.

Explore case studies 

The following case studies illustrate the taxation consequences of clients making pre-tax contributions into super and drawing out income from a transition to retirement pension.

Clients under age 60

Marie, aged 59

Marie, aged 59 has $280,000 in super, all taxable component. Marie earns $80,000 per annum. Her net income after tax is $61,933^. Marie salary sacrifices $19,100 (up to the general concessional cap of $27,500) into super and draws $15,541 from a TtR pension, giving her a net income of $61,933.

As a result of the strategy, Marie saves $694^ in tax which is reflected by a $709 increase to her overall super balance.

Item Status quo Income swap strategy
Salary $80,000 $80,000
Salary sacrifice $0 $19,100
TtR pension (taxable)) $0 $15,541
Taxable income $80,000 $76,441
Income tax (including Medicare) $18,067 $14,508
Net income^ $61,933 $61,933
Personal tax $18,067 $14,508
Tax inside super $1,260 $4,125
Total tax $19,327 $18,633
Tax benefit of strategy $694
Net contributions to super $7,140 $7,834
Super benefit of strategy $694

Bill, aged 59

Bill, aged 59 has $250,000 in super. Of this, $180,000 forms part of the tax-free component and $70,000 forms part of the taxable component. He earns $100,000 in salary. After tax his net income is $75,033^. Bill salary sacrifices $17,000 (up to the general concessional cap of $27,500) into super, uses his super to commence a TtR pension and draws $11,778 giving him a net income of $75,033.

As a result of the strategy, Bill saves $2,672,^ in tax which is reflected by a $2,672 increase to his overall super balance.

Item Status quo Income swap strategy
Salary $100,000 $100,000
Salary sacrifice $0 $17,000
TtR pension (taxable) $0 $3,298
Taxable income $100,000 $86,298
Income tax (including Medicare) $24,967 $19,745
TtR pension (tax-free) $0 $8,480
Net income^ $75,033 $75,033
Personal tax $24,967 $19,745
Tax inside super $1,575 $4,125
Total tax $26,542 $23,870
Tax benefit of strategy $2,672
Net contributions to super $8,925 $11,597
Super benefit of strategy $2,672

Clients over age 60

Sean, aged 61

Sean, aged 61 has $200,000 in super. He earns $75,000 in salary per annum. His after tax net income is $58,658^. Sean salary sacrifices $19,625 (up to the general concessional cap of $27,500), uses his super to commence a TtR pension and draws $12,685, giving him net income of $58,658.

As a result of the strategy, Sean’s tax reduces by $3,996^ which is reflected by a $3,996 increase to his overall super balance.

Item Status quo Income swap strategy
Salary $75,000 $75,000
Salary sacrifice $0 $19,625
Taxable income $75,000 $55,375
Income tax (including Medicare) $16,342 $9,402
TtR pension (tax-free) $0 $12,685
Net income^ $58,658 $58,658
Personal tax $16,342 $9,402
Tax inside super $1,181 $4,125
Total tax $17,523 $13,527
Tax benefit of strategy $3,996
Net contributions to super $6,694 $10,690
Super benefit of strategy $3,996

Claire, aged 62 (impacted by Division 293 tax)

Claire, aged 62 has $500,000 in super. She earns $260,000 in salary. Claire’s employer makes SG contributions of $25,292. Her after tax net income is $163,339^ including Division 293 tax (assuming she does not elect to release an amount from her super to pay this).

Claire salary sacrifices $2,208 (up to the general concessional cap of $27,500) into super and she rolls $40,000 into a TtR pension. Claire is taxed an extra 15% on her SG and salary sacrificed contributions (i.e. 30% in total) due to Division 293 tax.

She draws $2,673 from the TtR pension. This gives her a net income of $163,598. As a result of the strategy, Claire’s tax reduces by $668^. This is reflected by a $668 increase to her overall super balance.

Item Status quo Income swap strategy
Salary $260,000 $260,000
Salary sacrifice $0 $2,208
Taxable income $260,000 $257,792
Income tax (including Medicare) $92,867 $91,829
Division 293 tax $3,794 $4,125
TtR pension (tax-free) $0 $1,501
Net income^ $163,339 $163,339
Personal   tax $96,661 $95,954
Tax inside super $3,794 $4,125
Total tax $100,455 $100,079
Tax benefit of strategy $376
Net contributions to super $21,498 $21,874
Super benefit of strategy $376

Things to consider before commencing a TtR pension

For some clients, there may still be a legitimate reason for commencing a transition to retirement (TtR) pension after 1 July 2017. However, before doing so, the following should be considered:

  • Centrelink/DVA implications – TtR pensions count under the assets and income test whereas money held in accumulation does not count if the client is under age pension age
  • Cost of implementing the strategy and whether the benefits outweigh the fees and transaction costs if the client is using an income swap strategy
  • Contributions tax payable on concessional contributions
  • Division 293 tax which may be payable on personal deductible and employer contributions
  • The concessional contributions cap and super guarantee (SG) amounts
  • TtR income payments must be within the minimum and maximum amounts.

^Based on 2022/23 tax rates including Medicare levy and takes into account client paying contributions tax of 15%
* Income includes:
- taxable income
- reportable fringe benefits
- total net investment losses, and
- low-tax contributions (i.e. concessional contributions less any excess contributions, plus contributions for defined benefit interests).

For any retirement planning queries, please contact a BDM.

Next: Super, tax and other rates and limits 2022/23​

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