Legislation Update July 2008
Taxation, superannuation and social security legislation update
There have been a number of changes in regards to taxation rates and social security thresholds which have come into effect on 1 July 2008.
Thresholds Income Tax Rates
| Taxable Income | Tax Payable* |
Up to $6,000 |
Nil |
$6,001 to $34,000 |
15c for each $1 over $6,000 |
$30,001 to $80,000 |
$4,200 + 30c for each $1 over $34,000 |
$80,001 to $180,000 |
$18,000 + 40c for each $1 over $80,000 |
Excess over $180,000 |
$58,000 + 45c for each $1 over $180,000 |
*Excludes Medicare Levy
Low Income Tax Offset
The low income tax offset has been increased to $1,200 for the 2008/09 financial year. An individual can now earn up to $14,000 before they pay any income tax, the cut out threshold has also increased to $60,000.
Seniors Australian Tax Offset
As a result of the increase to the Low Income Tax Offset, the shade out and cut out thresholds have increased as follows:-
| Family Situation | Offset |
Shade-out threshold |
Cut-out threshold |
Single |
$2,230 |
$28,867 |
$46,707 |
Couple (each) |
$1,602 |
$24,680 |
$37,496 |
Illness separated (each) |
$2,040 |
$27,600 |
$43,920 |
*Offset reduces by 12.5 cents for every $1 of taxable income above the shade out threshold
Social Security Assets Test
| Family Situation | For full pension/allowance* |
For part pension |
Single homeowner |
$171,750 |
$540,250 |
Single non-homeowner |
$296,250 |
$664,750 |
Couple homeowner |
$243,500 |
$856,500 |
Couple non-homeowner |
$368,000 |
$981,000 |
Illness separated homeowner |
$243,500 |
$980,500 |
Illness separated non-homeowner |
$368,000 |
$1,105,000 |
*If an individual is in receipt of an allowance, no allowance will be payable if assets exceed lower threshold.
Social Security Pension Income Test
| Family Situation | For full pension |
For part pension |
Single |
$138 p/f |
$1,519.50 p/f |
Couple (continued) |
$240 p/f |
$2,538.50 p/f |
Deeming Thresholds
| Scenario | Threshold |
Deeming rates |
Single |
≤ $41,000 >$41,000 |
4.0% 6.0% |
Couple (combined) |
≤ $68,200 >$68,200 |
4.0% 6.0% |
Couple (non-pensioner couple) |
≤ $34,100 >$34,100 |
4.0% 6.0% |
Legislation that has been passed
| Description | Date of effect |
Income Tax Reduction & Medicare Levy Changes Income tax rates for the 2008/9 have now been legislated. These changes incorporate increases to the Low Income Tax Offset. The Medicare levy thresholds have also increased to ensure that individuals who don’t pay tax won’t pay the Medicare levy. |
1 July 2008 |
First Home Saver Account Allows for establishment and operation of the First Home Saver Account. |
1 October 2008 |
Tax Free Terminal Illness Payments All lump sum superannuation payments received as a result of a terminal illness on or after 1 July 2007 is now tax free. |
1 July 2007 |
Superannuation Guarantee Charge (SGC) Offset Any late SGC payment made into a superannuation account will now be able to offset against the employers SGC liability. |
25 June 2008 |
Final withholding tax on distributions of managed investment trust income This replaces the previous non-withholding tax of 30%. The final withholding rate will reduce on a scaled basis over the next 3 financial years. |
1 July 2008 |
Child Care Rebate Increases from 30% to 50% up to a maximum of $7,500 per child per annum, and will now be paid quarterly rather than annually. |
1 July 2008 |
Family Tax Benefit Part B means testing Will be limited to families where the primary earner has an adjusted taxable income of $150,000 or less. |
1 July 2008 |
Department of Veterans Affairs changes to Partner Service pension age The age for qualification has increased from age 50 to qualifying age. Qualifying age is 60 years for a male and currently 58.5 years for a female (gradually increasing to 60). |
Applies to claims made on or after 1 July 2008 |
Changes to adjustable taxable income definition for fringe benefits for family tax benefit purposes The net value will continue to be used in the adjusted taxable income definition. |
1 July 2008 |
Education Tax Refund
|
1 July 2008 |
Legislation not yet passed
| Description | Status |
Medicare Levy Surcharge Proposal to increase the surcharge thresholds to $100,000 for singles and $150,000 for couples. |
Not law yet – referred to Senate Committee |
Same Sex – spouse and child definitions Proposal to amend the definition of both spouse and child for SIS and tax purposes to allow members of a same sex couple to nominate each other as dependants in their own right, rather than having to use the interdependency provisions. |
Not law yet – referred to Legal and Constitutional Affairs for inquiry |
Various provisions put in place to provide equality for de-factos in relation to family law matters. |
Not law yet |
Key changes to superannuation – from 1 July 2008
- All employers must use Ordinary Time Earnings as the minimum earnings for which SG is payable.
- All default funds offered under superannuation must now offer minimum levels of insurance cover to the members.










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