For example, if you are applying in the 2023/24 financial year, the super contributions to be split must have been made on or after 1 July 2022.
Your application to split your contributions is invalid if any of the following apply:
- you have already applied in that financial year and legalsuper has received your application;
- the amount of benefits you have applied to split is more than the maximum amount that can be split;
- your spouse is 65 years and over; or
- your spouse has reached their preservation age and is retired.
What contributions can be split
The two main types of contributions that can be split with your spouse are:
- taxed splittable contributions; and
- untaxed splittable employer contributions.
Splittable contributions include:
- employer contributions
- salary sacrifice contributions
- personal contributions that you can claim a deduction for
- contributions made by family and friends (other than those made by your spouse or for a child under 18 years old); and
- allocations from reserves that are assessable, such as allocations that meet an employer's obligation to contribute.
The maximum amount that can be transferred to your spouse each financial year usually depends on the amount and type of contributions made by you or for you in the previous financial year. You must still adhere to the contributions caps.
(If your entire benefit will be rolled over, transferred or withdrawn in that financial year, it can also depend on the contributions made in the current financial year)
What contributions cannot be split
Any contributions that are not taxed splittable contributions or untaxed splittable contributions cannot be split with your spouse.
Types of contributions that can't be split include:
- personal contributions that you can't claim a deduction for
- contributions you make with a capital gains tax (CGT) cap election for small business
- contributions you make with a personal injury election
- contributions made by your spouse to your super
- contributions made for you if you are under 18 years old (unless made by your employer)
- transfers from foreign funds
- other allocations from reserves
- rollover super benefit
- contributions that have already been split
- government co-contributions
- government low income super tax offset contribution
- First home super saver scheme contributions
- downsizer contributions
- temporary resident contributions
- trustee contributions; and
- a super interest that is subject to a payment split (due to a relationship breakdown).