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Salary Sacrifice Superannuation - II

As an offshoot from the original post with regard to Salary Sacrifice being considered as income, an issue that I've been made aware of is that there is no apparent exclusion for established contribution regimes that pre-dated separation.

My opinion is that such a practice, as agreed upon by both parties, by the very fact that it was happening, should be an exclusion.

My intention is to put this specific point forward, however before doing so I'd like people's opinions and considerations and especially considerations as to why such an exclusion should be allowed.

I also think that it is only fair to also allow the amount of salary sacrificed to be excluded to increase in line with CPI and also perhaps in-line with any rises in wages.
MikeT, in several previous cases I was of the understanding that the CSA was treating this as 'deferred' income and it was being added back to actually create a more realistic assessment income.

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My Apologies to everyone, it  appears that I didn't make the issue clear. I'm talking about the 2008 budget introduced inclusion of all salary sacrifice superannuation contributions.

Agog, could you point me in the direction of the cases/examples. I've searched the current and old legislation and CSA guides and can't find anything that mentions deferred income. I, from where I'm not sure, have had the impression that, yes salary sacrifice has always been a potential target by the way of a Change of Assessment, however for some reason and perhaps the same one and from the same source, I've also been aware that there may have been protection against pre-separation established salary sacrifice.


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