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:
- ATO Payday Super (Payday Super from 1 July 2026)
- ATO missed and late super guarantee payments (Quarterly SG rules through 30 June 2026)