Register For Our Mailing List

Register to receive our free weekly newsletter including editorials.

Home / 314

What is the new work test exemption?

From 1 July 2019 new legislation provides an opportunity for recently retired individuals to contribute to super without needing to meet the work test. In this article we will review the work test requirements and the new exemption.

Contributions test varies by age

Individuals under age 65 are eligible to make voluntary contributions to super regardless of their employment status. However, after age 65, individuals must meet the work test. The following table outlines the different types of contributions and the age-related conditions that must be met:

The work test requires individuals to be gainfully employed for 40 hours in a 30 consecutive day period in the financial year in which the contribution is made.

Trustee acceptance of contribution

Super fund trustees cannot accept voluntary contributions from members over age 65 unless they meet the work test. The work test only needs to be met in the financial year in which the contribution is made. Accordingly, it is possible for the work test to be met after the contribution is made. However, some fund trustees require the member to be able to make the work test declaration at the time the contribution is made.

Gainfully employed definition

Gainfully employed is defined in super law as:

Employed or self-employed for gain or reward in any business, trade, profession, vocation, calling, occupation or employment.

The definition requires an expectation of income or profit in return for personal exertion. For an employed person this is generally easy to prove via a PAYG payment summary or income statement. Unfortunately many self-employment ventures do not result in financial gain, but the expectation needs to be there. An activity which is of a personal or hobby nature will not qualify even if there is financial gain.

Volunteering will also generally not qualify as there is no employer/employee relationship.

Work test exemption

The new work test exemption provides a one-time opportunity to make voluntary contributions in the year after retirement if the following contributor meets the following conditions at the time of contribution:

  • Age 65 to 74
  • Total super balance is less than $300,000 at the previous 30 June
  • Met the work test in financial year prior to the year the contribution is made
  • Not used work test exemption previously
  • Contribution made after 1 July 2019

Once the work test exemption has been used for a financial year, it cannot be used again in a later financial year, however multiple contributions can be made within the financial year subject to the contributor’s age at the time of each contribution.

The new work test exemption provides an opportunity for individuals to make non-concessional contributions if they triggered the bring forward rule whilst they were under 65 but were not able to fully utilise the bring forward rule at that time.

Case study

Dawn was 64 on 1 July 2018 and she contributed $140,000 before her 65th birthday on 1 March 2019 when she permanently retired. Under the three year bring forward rules Dawn could contribute $160,000 by 30 June 2021 however she would need to meet the work test in the year she makes the contribution.

If Dawn’s total super balance is under $300,000 at 30 June 2019, she could contribute $160,000 in 2019/20 using the work test exemption.

Concessional contributions, including catch-up of unused concessional contributions cap amounts, could also be used.

Another area where the work test exemption will be valuable is for small business CGT contributions. For many small business owners, selling their business is their retirement plan and they often have small accumulated balances at retirement.

In many instances we see a great deal of effort put into the complex tax side of determining eligibility for the small business CGT concessions however sometimes the eligibility to contribute to super after age 65 is overlooked.

Case study

Arthur and Martha sell their small business at age 68 and 66 in July 2019 and embark on a round-the-world tour for the next 12 months. The proceeds from the sale of the business are received in August 2019 and arrangements made for small business CGT contributions and the appropriate forms to be made to their super fund in September 2019.

Under previous law, Arthur and Martha were not eligible to make the small business CGT contributions to super unless they met the work test in 2019/20.

However, if their total super balances are each under $300,000 at 30 June 2019, they may use the work test exemption to make their small business CGT contributions.

Superannuation guarantee contributions and downsizer contributions are not impacted by the new measure as they are not subject to a work test.

 

Julie Steed is Senior Technical Services Manager at Australian Executor Trustees. This article is in the nature of general information and does not consider the circumstances of any individual.

 

6 Comments
Cynthia
August 11, 2019

What are the time frames for lodging your work test exemption form e.g before you complete your tax return before the end of the financial year?

David Klumpp
August 11, 2019

Can “gainfully employed” be as self-employed, and the work being privately managing one’s own investments (obviously for financial gain)?

Julie Steed
August 11, 2019

Hi David, Gainfully employed can be self-employed however the self-employment needs to be for income from a business, trade, profession, vocation, calling, occupation or employment. Managing the passive receipt of income from one’s own investments will generally not qualify as the individual is not in the business of managing an investment portfolio, rather this is a personal activity. Gain or reward is the receipt of remuneration such as wages, business income, bonuses and commissions, in return for personal exertion from these activities. It does not include the receipt of passive income (no matter how hard one seems to work at it). Regards, Julie

Julie Steed
July 11, 2019

Hi Ray,
There has not been any legislation passed yet regarding the Federal Budget announcements to increase the work test to those under 67, up from 65. However, the measure was announced to apply from 1 July 2020 so it is still plausible that legislation will be passed before 30 June next year.
Regards
Julie

Ray
July 11, 2019

The last budget the govt announced a change for 65-67 ?? age group. Has this been legislated or is it being ignored

Tom
July 11, 2019

Could Ray,s question be answered ,please?i.e. that there was to be no work test for concessional contributions for those 65-67. from 1-7-19

 

Leave a Comment:

RELATED ARTICLES

Meg on SMSFs: Ageing and its financial challenges

Meg on SMSFs: Where are the risks in our major super sectors?

What super changes should you know from 1 July?

banner

Most viewed in recent weeks

Maybe it’s time to consider taxing the family home

Australia could unlock smarter investment and greater equity by reforming housing tax concessions. Rethinking exemptions on the family home could benefit most Australians, especially renters and owners of modest homes.

Supercharging the ‘4% rule’ to ensure a richer retirement

The creator of the 4% rule for retirement withdrawals, Bill Bengen, has written a new book outlining fresh strategies to outlive your money, including holding fewer stocks in early retirement before increasing allocations.

Simple maths says the AI investment boom ends badly

This AI cycle feels less like a revolution and more like a rerun. Just like fibre in 2000, shale in 2014, and cannabis in 2019, the technology or product is real but the capital cycle will be brutal. Investors beware.

Why we should follow Canada and cut migration

An explosion in low-skilled migration to Australia has depressed wages, killed productivity, and cut rental vacancy rates to near decades-lows. It’s time both sides of politics addressed the issue.

Are franking credits worth pursuing?

Are franking credits factored into share prices? The data suggests they're probably not, and there are certain types of stocks that offer higher franking credits as well as the prospect for higher returns.

Are LICs licked?

LICs are continuing to struggle with large discounts and frustrated investors are wondering whether it’s worth holding onto them. This explains why the next 6-12 months will be make or break for many LICs.

Latest Updates

A nation of landlords and fund managers

Super and housing dwarf every other asset class in Australia, and they’ve both become too big to fail. Can they continue to grow at current rates, and if so, what are the implications for the economy, work and markets?

Economy

The hidden property empire of Australia’s politicians

With rising home prices and falling affordability, political leaders preach reform. But asset disclosures show many are heavily invested in property - raising doubts about whose interests housing policy really protects.

Retirement

Retiring debt-free may not be the best strategy

Retiring with debt may have advantages. Maintaining a mortgage on the family home can provide a line of credit in retirement for flexibility, extra income, and a DIY reverse mortgage strategy.

Shares

Why the ASX is losing Its best companies

The ASX is shrinking not by accident, but by design. A governance model that rewards detachment over ownership is driving capital into private hands and weakening public markets.

Investment strategies

3 reasons the party in big tech stocks may be over

The AI boom has sparked investor euphoria, but under the surface, US big tech is showing cracks - slowing growth, surging capex, and fading dominance signal it's time to question conventional tech optimism.

Investment strategies

Resilience is the new alpha

Trade is now a strategic weapon, reshaping the investment landscape. In this environment, resilient companies - those capable of absorbing shocks and defending margins - are best positioned to outperform.

Shares

The DNA of long-term compounding machines

The next generation of wealth creation is likely to emerge from founder influenced firms that combine scalable models with long-term alignment. Four signs can alert investors to these companies before the crowds.

Sponsors

Alliances

© 2025 Morningstar, Inc. All rights reserved.

Disclaimer
The data, research and opinions provided here are for information purposes; are not an offer to buy or sell a security; and are not warranted to be correct, complete or accurate. Morningstar, its affiliates, and third-party content providers are not responsible for any investment decisions, damages or losses resulting from, or related to, the data and analyses or their use. To the extent any content is general advice, it has been prepared for clients of Morningstar Australasia Pty Ltd (ABN: 95 090 665 544, AFSL: 240892), without reference to your financial objectives, situation or needs. For more information refer to our Financial Services Guide. You should consider the advice in light of these matters and if applicable, the relevant Product Disclosure Statement before making any decision to invest. Past performance does not necessarily indicate a financial product’s future performance. To obtain advice tailored to your situation, contact a professional financial adviser. Articles are current as at date of publication.
This website contains information and opinions provided by third parties. Inclusion of this information does not necessarily represent Morningstar’s positions, strategies or opinions and should not be considered an endorsement by Morningstar.