Contributions made on behalf of your spouse to a complying superannuation fund or a retirement savings account (RSA) may be eligible for a tax offset.

The 2019/2020 tax rules allow you to claim an 18% tax offset on super contributions up to $3,000 on behalf of your spouse. While you are able to contribute more than $3,000, there will be no spouse contribution tax offset over this amount. The amount you can claim depends on your spouse’s annual income:

• $540 for spouse income of $37,000.
• $360 for spouse income of $38,000.
• $180 for spouse income of $39,000.

The tax offset may be available for individuals who meet the following eligibility requirements:

• Your spouse’s assessable income, fringe benefits amounts and employer superannuation contributions equate to under $40,000.
• Contributions made on behalf of your spouse were not deductible to you.
• You and your spouse were Australian residents at the time of contributions.
• Your spouse did not have non-concessional contributions that equated to a higher amount than their non-concessional contributions cap, or they did not have a total superannuation balance of $1.6 million or more at 30 June 2018.
• Your spouse is younger than their preservation age, or are not retired while being between 65 and their preservation age.

Under Australian superannuation law, your spouse can be either:

• Your partner who you are married to and live with, or;
• Your de facto partner, who you live with on a genuine domestic basis.

The spouse contributions tax offset can be claimed on your tax return.