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ARTICLE · 25 JUNE 2012

Employment Agreements - Concessional Superannuation Cap Warning

Senior employee agreements should be reviewed to ensure that the employee does not become liable for penalty tax.

AustraliaEmployment and HR

There are a number of reasons why the terms of an employment agreement should be reviewed and updated from time to time. One good reason why the terms of a senior employee's employment agreement should be reviewed prior to 1 July 2012, is to ensure that the concessional superannuation contributions which are made by the employer on behalf of the employee, either under the terms of the employment agreement or under a salary sacrifice arrangement, do not cause the employee to become liable for penalty tax.

Superannuation contributions can be divided into two types, concessional (before-tax) and non-concessional (after tax). Concessional contributions include all contributions made by the employer including those which the employer is required to contribute by way of the compulsory superannuation levy and all contributions made under a salary sacrifice arrangement.

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