Business operations

Business super contributions

Employer super and super guarantee amounts for employees and workers treated as employees for super.

Who can claim

This deduction is available to individuals and companies.

  • The expense is incurred in carrying on an existing income-producing business.
  • Any private, capital or non-income-producing component is reasonably apportioned or excluded.
  • The contribution is for an eligible worker and is actually received by a complying super fund or retirement savings account.
  • For 2025-26, the contribution is received by the complying fund or retirement savings account in the relevant income year.
  • For 2025-26, a late contribution not used to offset a super guarantee charge can be deductible in the income year the fund receives it.
  • From 1 July 2026, Payday Super applies to employees and contractors engaged mainly for their labour: 12% of qualifying earnings must generally reach the worker's fund within 7 business days after payday.
  • For a QE day from 1 July 2026, both on-time and late contributions and the redesigned super guarantee charge can be deductible.

What you cannot claim

  • Do not include private drawings or personal expenses.
  • Do not treat a capital asset, improvement or acquisition cost as an ordinary operating expense.
  • An unpaid accrued contribution is not deductible.
  • A super guarantee charge for a quarter ending before 1 July 2026 remains non-deductible under the saved old law.
  • The late-payment offset is unavailable for the quarter ending 30 June 2026 and for contributions made on or after 1 July 2026 for an earlier quarter.
  • General interest charge and a late-payment penalty imposed after assessment of a Payday Super charge are not deductible.
  • A voluntary employer contribution made after the day 28 days after the end of the month in which a worker turns 75 is not deductible unless it is a mandated contribution or reduces a super guarantee shortfall under the applicable law.
  • A contribution to a non-complying fund is not deductible.
  • Private or owner contributions require separate analysis.

How the amount is worked out

For 2025-26, claim eligible contributions in the income year the complying fund receives them; exclude the quarterly super guarantee charge and any contribution used as a late-payment offset. For 2026-27 QE days, calculate SG at 12% of qualifying earnings and claim eligible on-time or late contributions and the deductible Payday Super charge; exclude post-assessment interest and late-payment penalties.

Records the ATO expects

  • Super-fund receipt confirmation
  • Payroll and qualifying-earnings records
  • Worker classification evidence
  • Contribution schedule
  • SGC statement or assessment where relevant

Where this rule comes from

Primary source: Treasury Laws Amendment (Payday Superannuation) Act 2025 (Act No. 57, 2025 — commenced 1 July 2026). Reviewed 30 July 2026. Covers the 2025-26 and 2026-27 income years.

Supporting sources:

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