May 2025 Round Up
With tax time approaching, we’re covering what’s worth reviewing now — and what to keep an eye on. This month’s articles look at super contribution strategies before 30 June, the kinds of deductions the ATO is actively cracking down on, and what the proposed $3 million super tax could mean for high-balance accounts (and why it’s not time to act just yet).
1. EOFY Super Checklist – What to Review Before June 30 Read the full article
2. Tax Time 2025 – Air Fryers, Yachts and other Deduction Fails Read the full article
3. Thinking About Changing Your Super? Read this First Read the full article
EOFY Super Checklist: What to Review Before 30 June
The end of financial year is the perfect time to check in on your superannuation strategy — and make sure you’re making the most of your options. From tax-effective contributions to pending legislative changes, here’s what to know before 30 June 2025.
1. Maximise Your Pre-Tax (Concessional) Contributions
Concessional contributions (like employer SG, salary sacrifice, or deductible personal contributions) are taxed at just 15% inside super — which can offer big tax savings if you’re in a higher tax bracket.
For 2024/25, the cap is $30,000. This includes:
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Employer contributions (including salary sacrifice)
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Personal contributions you plan to claim as a tax deduction
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Defined benefit fund contributions
Want to claim a deduction?
You’ll need to submit a Notice of Intent to Claim to your fund and receive confirmation before lodging your tax return (or by 30 June 2026, whichever comes first).
2. Use Carry-Forward Contributions If Eligible
Haven’t maxed out your concessional contributions in previous years? If your total super balance is under $500,000, you may be able to carry forward unused cap space from the past five years.
This can be especially useful if:
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You’ve sold assets and made a capital gain
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Your income is unusually high this year
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You’re catching up on contributions before retirement
Any unused cap from 2019/20 will expire if not used by 30 June 2025.
3. Consider After-Tax (Non-Concessional) Contributions
Not looking for a tax deduction? After-tax contributions still offer a smart way to grow your super in a low-tax environment (0–15%).
The current cap is $120,000 for 2024/25.
You can also bring forward up to 3 years of contributions and invest up to $360,000 in one go, if eligible.
This can be useful if you’ve:
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Received an inheritance or windfall
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Sold a business
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Built up funds outside super and want to consolidate
4. New Thresholds Are Coming in July
While contribution caps won’t increase next year, the Total Superannuation Balance (TSB) thresholds that determine contribution eligibility will. Here’s how the limits change:
Until 30 June 2025 | After 1 July 2025 |
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TSB < $1.66m → $360k allowed | TSB < $1.7m → $360k allowed |
$1.66m–$1.78m → $240k | $1.76m–$1.88m → $240k |
$1.78m–$1.9m → $120k | $1.88m–$2m → $120k |
$1.9m+ → Not allowed | $2m+ → Not allowed |
Tip: Know your balance before 30 June to determine your eligibility.
5. Planning to Start a Pension? Timing Matters
The general transfer balance cap (how much you can move into the tax-free pension phase) will increase from $1.9m to $2m on 1 July 2025.
Starting a pension after this date means a higher cap for life — which could increase how much you can keep in the tax-free environment.
6. Already in Pension Phase? Check Your Minimum Drawdown
If you’re already drawing a pension, you must withdraw the minimum amount for the financial year by 30 June to keep your account in pension phase.
Age | Minimum Withdrawal |
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Under 65 | 4% |
65–74 | 5% |
75–79 | 6% |
80–84 | 7% |
85–89 | 9% |
90–94 | 11% |
95+ | 14% |
Missing your minimum could result in your account reverting to accumulation mode — meaning 15% tax on earnings.
7. $3M Super Tax: Where Things Stand
The proposed additional 15% tax on super balances over $3 million is still in limbo. While it passed the House of Representatives, it lapsed in the Senate. Parliament is not due to sit until after the proposed start date, so we will keep you posted with the progress as it comes to hand.
The most controversial part? It proposes taxing unrealised gains — something no other structure does in Australia.
For now, there’s no need to take action. We’re watching developments closely.
Need Guidance Before EOFY?
If you’re unsure what applies to you or how to get the most from your super before 30 June, now’s the time to get in touch so we can review.
Tax Time 2025: Air Fryers, Yachts, and Other Deduction Fails
As tax time approaches, the ATO has shared a list of deduction attempts that definitely didn’t pass the test.
If you’ve ever wondered where the line is between legitimate and laughable tax claims, here’s your answer. The ATO is reminding all taxpayers: if your claim wouldn’t pass the “pub test,” it probably won’t pass with them either.
What You Can’t Claim (No Matter How Creative You Are)
Over the years, the ATO has seen some wild claims, including:
A mechanic trying to deduct an air fryer, microwave, vacuum cleaners, a gaming console, and TV — all denied as personal expenses
A truck driver who claimed swimwear, arguing they needed it for a roadside swim during hot transit days
A fashion industry manager who attempted to write off over $10,000 in designer clothes to “stay well-presented” at events
All were rejected. Why? They were personal in nature and not directly tied to earning income.
🔎 The ATO’s 2025 Focus Areas
This year, the ATO will be paying close attention to:
Work-related expenses
Working-from-home deductions
Multiple income streams (including side hustles and gig work)
ATO Assistant Commissioner Robert Thomson says it simply:
“If it doesn’t pass the pub test — it’s probably not deductible.”
📌 Reminder: What Makes an Expense Deductible?
To claim a work-related deduction, you must be able to show:
A direct connection to earning income
Proof you spent the money (receipts, invoices, records)
You weren’t reimbursed by your employer
Personal expenses like commuting, childcare, and general clothing don’t qualify — even if they help you “feel productive.”
🏠 Working From Home Deductions: Two Options
The ATO has clarified the two ways you can claim working-from-home expenses:
1. Fixed Rate Method
Claim 70¢ per hour worked from home
Covers internet, electricity, phone, and stationery
Requires a record of hours worked
2. Actual Cost Method
Claim actual costs incurred, backed by receipts
You’ll need to calculate work-related use of each item
More accurate but more admin
Declaring All Income Is a Must
Got a side hustle? Sell services through an app? Provide rideshare or freelance work?
You’ll need to declare every source of income in your return.
“Each income stream may come with different eligible deductions — but only if declared,” says Thomson.
Real Claims from the Wild Side
Even outside the ATO, tax agents have seen some “creative accounting”:
A family tropical island holiday labeled a business trip
A luxury yacht claimed “in case business came up on the islands”
Chartered Accountants ANZ were clear:
“The ATO will not be laughing. Dubious claims aren’t worth the risk.”
Need Help Getting It Right?
If you’re unsure whether an expense qualifies, don’t guess — penalties and interest apply if you’re wrong. You’re better off to check with us than getting hit with a fine later.
Thinking About Changing Your Super? Read This First
If your super balance is above $3 million — or getting close — you’ve likely heard about the government’s proposed new tax. While legislation is expected to pass soon, experts across the industry are urging caution: don’t make major changes just yet.
With the new rules potentially coming into effect from 1 July 2025, now is the time to understand what’s proposed, what’s still unclear, and what you can do to prepare without making costly missteps.
What’s Being Proposed?
The Division 296 tax is a proposed 15% additional tax on earnings from superannuation balances over $3 million. It applies only to the portion above that threshold — but controversially, it also taxes unrealised gains, something not seen elsewhere in our tax system.
This tax was previously blocked in the Senate but is now expected to pass with the Albanese government re-elected and likely to gain support from the Greens.
So, Should You Do Anything Before 30 June?
Short answer: Not yet.
Here’s what industry leaders are saying:
“Don’t pull the trigger on major changes until the final version of the law is passed.”
Here’s why that advice makes sense:
✅ 1. The Tax Isn’t Effective Yet
Even if the bill is passed soon, it won’t apply until the 2025–26 financial year.
What matters is your super balance on 30 June 2026 — not this year.
So, if your balance dips below $3 million before that date (even if it goes above temporarily), you may not be affected.
🤷 2. The Final Details Aren’t Confirmed
The Greens have previously pushed for stricter rules — including reducing the threshold to $2 million and banning certain SMSF borrowing strategies.
There’s a real chance the final version of the law will differ from what’s been proposed.
What You Can Do Now
While you don’t need to take action yet, there are smart steps worth discussing with your adviser:
Review contribution strategies — especially if equalising balances between spouses could keep you under the threshold.
Model the potential impact — so you understand what it could cost if your balance stays over $3 million.
Get your records in order — the ATO will require new reporting methods for some funds, starting next financial year.
“In most cases, staying in super will still be the best option,” says SMSF expert David Busoli. “But each case needs a personalised strategy.”
Don’t Forget: Death Benefits Tax Still Looms
Even if Division 296 doesn’t apply to you, another tax almost certainly will: the superannuation death benefits tax.
This applies when adult children inherit a taxable component of super.
It’s often larger than Division 296 — and it affects far more people.
For example, if Gary has $800k in taxable super and passes it to his kids, over $130,000 could be lost to lump sum tax — even though he never triggered the $3m rule.
Long-Term Strategies to Explore
If you’re looking to future-proof your super and broader estate planning, here are strategies worth considering:
Recontribution strategies — Withdraw taxable components and recontribute them tax-free, where eligible.
Balance equalisation — Keep both partners under the threshold.
Withdrawing excess amounts — To avoid Division 296 or future death benefits tax.
Early gifting — Pass on wealth pre-death to reduce the estate’s tax liability.
Exploring alternative structures — Outside super, personal investments can leverage tax-free thresholds more effectively.
“Australians won’t accept unfair tax policy quietly,” says Nicholas Ali of Neo Super. “It’s time to be proactive, not reactive.”
Bottom Line
Yes, Division 296 is likely coming — but it’s not law yet.
Before you restructure your super, withdraw funds, or trigger irreversible changes:
✔️ Wait for final legislation
✔️ Model different scenarios
✔️ Seek professional advice tailored to your situation
Have questions about your super or estate planning strategy?
We’re here to help you protect your wealth — and pass it on wisely.
Important: This is not advice. Clients should not act solely on the basis of the material contained in this article. Items herein are general comments only and do not constitute or convey advice per se. Also changes in legislation may occur quickly. We therefore recommend that our formal advice be sought before acting in any of the areas. This article is issued as a helpful guide to clients and for their private information. Therefore it should be regarded as confidential and not be made available to any person without our prior approval. Liability limited by a scheme approved under Professional Standards Legislation.