Notice of withholding schedule: Superannuation Pensions and Annuities (NAT3350)

Administered by Department of the Treasury

Legislation au F2006B00234 Not in force Legislative Instrument

Legislation content

Pay As You Go (PAYG)

Withholding

Tax Tables

Effective for payments made on or after 1 January 2003

Superannuation Pensions & Annuities

This document is a withholding schedule made by the Commissioner of Taxation in accordance with sections 15-25 and 15-30 of Schedule 1 to the Taxation Administration Act 1953. It applies to withholding payments covered by section 12-80 of Schedule 1.


Who should use this table?

This table explains how much you must withhold if you make a payment of a superannuation pension or annuity.

The amount to withhold

If the individual has given you his or her tax file number

If the individual receiving the pension or annuity payment has given you his or her tax file number, use the following 2 (two) steps to work out how much you must withhold from the payment.

Step One:

Work out the following amount:

The amount of pension or annuity payment

minus

In this formula:

 Deductible 27H amount means the deductible amount calculated under section 27H of the Income Tax Assessment Act 1936 in respect of the pension or annuity.

If you do not know what the Deductible 27H amount is, the Tax Office will calculate it for you. To arrange for this, the pension recipient or annuitant must send the information set out in TaxPack 2002 at question D10 to the Tax Office with a request to have the amount calculated for them. Further advice is available from the Superannuation Helpline by telephoning 13 10 20; and

 Number of instalments means the number of instalments of the pension or annuity payable in the year of income.

Step Two

Work out how much the Pay As You Go Withholding Tax Weekly, Fortnightly, or Monthly Tables (NAT 1005 to NAT 1007) state must be withheld from the amount calculated under the formula above.

Whether you use the Weekly, Fortnightly or Monthly Tax Table to work out how much to withhold will depend on the period for which the pension or annuity is paid. For example, if the pension is paid monthly, you should use the Monthly Tax Table.

Some payees may be eligible to claim the Senior Australians’ Tax Offset (SATO). If the payee gives you a Withholding Declaration indicating that they wish to claim a SATO entitlement through the withholding system, you should use the Special Tax Table

for Aged Pensioners and Low Income Aged Persons – Senior Australians (NAT 4466) to determine the amount to be withheld from the amount calculated under the formula above.

Example:

Shirley retires in January 2001 and will receive a monthly superannuation pension paid on the 15th day of the month commencing on 15 February 2001. For the remainder of the income year the superannuation pension will be $1,200 per month. The pension is indexed annually and the higher indexed amount is paid from 15 July 2001.



Shirley has written to the Tax Office requesting that her deductible 27H amount be calculated. The Tax Office has informed Shirley that her deductible amount for a whole income year is $2,160.00 and for the part of the current income year that she is to receive a superannuation pension, her deductible amount is $930.00.

For the current part of the income year, Shirley will receive 5 payments of pension instalments. The amount of each pension payment that her payer must withhold from will be the following amount:

The amount of pension or annuity payment

minus

 

$1,200.00

 

$1,200.00

$186.00

= $1,014.00

 

 

Shirley’s payer will then use the Monthly Pay As You Go Withholding Tax Table (NAT1007) to work out what needs to be withheld from the amount of $1,014.00.

In June 2001, Shirley is told that her pension has been indexed to $1,235.15 per month commencing 15 July 2001. For the 2001/02 income year, the amount of each pension payment that her payer must withhold from each month will be the following amount:

The amount of pension or annuity payment

minus

 

$1,235.15

 

$1,235.15

$180.00

= $1,055.15

 

 

Shirley’s payer will then use the Monthly Tax Table (NAT1007) to work out how much to withhold from the amount of $1,055.15.

Important Note – Rebatable Superannuation Pensions & Annuities

If the pension or annuity you pay to an individual is a rebatable superannuation pension or annuity, the amount you must withhold may be reduced by the relevant rebate amount. To find out about this reduction, see below under the heading Rebatable Superannuation Pensions & Eligible Termination Payment (ETP) Annuities.

 

If the individual has NOT given you his or her tax file number

You must withhold 48.5% of each superannuation pension or annuity payment you make to an individual if he or she is a resident and has not provided you with his or her tax file number.

If the individual is a foreign resident who has not provided you with his or her tax file number, you must withhold 47% of each superannuation pension or annuity payment.


Rebatable Superannuation Pensions and ETP Annuities

If the individual provided a Withholding declaration to you claiming entitlement to a rebate for a superannuation pension or ETP annuity, then special rules apply to work out how much to withhold from:

 a rebatable superannuation pension; or

 a rebatable ETP annuity.

Pensions and annuities paid by employers are never rebatable.

If you are uncertain whether the superannuation pension or ETP annuity that you are paying is rebatable, you should consult your taxation adviser or contact the Superannuation Helpline on 13 10 20.

The amount to withhold from rebatable superannuation pensions and ETP annuities

If the individual has given you his or her tax file number Rebatable Superannuation Pension (RSP)

The amount you must withhold from payment of a RSP is the amount worked out using the rules above about withholding from superannuation pensions and annuities reduced by the amount calculated using this formula:

15%

[

amount of RSP -

-

deductible 27H amount

-

s159SS amount

]

×

rebatable proportion of RSP

No. of instalments of RSP

Rebatable ETP Annuity (ETPA)

The amount you must withhold from payment of an ETPA is the amount worked out using the rule above about withholding from superannuation pensions and annuities reduced by the amount calculated using this formula:

15%

[

amount of ETPA

-

deductible 27H amount

]

×

rebatable proportion of annuity

No. of instalments of annuity

In these formulas:

 Deductible 27H amount means the deductible amount calculated under section 27H of the Income Tax Assessment Act 1936 in respect of the pension or annuity.

If you do not know what the Deductible 27H amount is, the Tax Office will calculate it for you. To arrange for this, the pension recipient or annuitant must send the information set out in TaxPack 2002 at question D10 to the Tax Office together with a request to have the amount calculated for them. Further advice is available from the Superannuation Helpline by telephoning 13 10 20; and

 Section 159SS amount means the part (if any) of the rebatable superannuation pension that a trustee of a superannuation fund has given the pensioner a notice about under section 159SS of the Income Tax Assessment Act 1936 stating that a specified part of the payment is a non-rebatable amount. In these cases special rules apply — you should seek advice from your taxation adviser or the Superannuation Helpline on 13 10 20; and

 Rebatable Proportion of a superannuation pension or ETP annuity is 1 (one) unless the ATO has advised the pensioner/ annuitant that it is a lesser amount.

Example

The superannuation pension that is being paid to Shirley (from the earlier example) is a rebatable superannuation pension. The trustees of the superannuation fund have not given a notice under section 159SS and so there is no s159SS amount. Shirley does not know what her rebatable proportion is. The trustees are to assume the rebatable proportion is 1 (one) unless told otherwise by Shirley or the Tax Office.


The amount that must be withheld from Shirley’s monthly superannuation pension before 1 July 2001 as worked out under the rules above must be reduced by the following amount:

15%

[

amount of RSP -

-

deductible 27H amount

-

s159SS amount

]

×

rebatable proportion of RSP

No. of instalments of RSP

 

15%

[

$ 1 ,200.00

-

$930.00

-

$0.00

]

×

1

5

15% [ $1,014.00 ]

= $152.10

The amount of the superannuation rebate can be greater than the withholding amount previously calculated. When this happens, the withholding amount is nil. The pensioner or annuitant should claim the entire rebate at the appropriate question in his/her tax return.

Following on from this example, the amount to be withheld from the monthly pension of $1,235.15 paid from 1 July 2001 will be reduced by 15% of $1,055.15 which is $158.27.

The amount you must withhold from a rebatable superannuation pension or ETP annuity paid to an individual who has not given their tax file number to you is 48.5% of the payment. While the individual can claim the rebate in his/her personal tax return, this rebate is not taken into account by the payer if the individual has not quoted his/her tax file number.

If the individual is a foreign resident who has not provided you with his or her tax file number, you must withhold 47% of the payment.

Rounding rules

If the amount worked out under the rules above includes a number of cents that is less than a whole dollar, you should round the amount as follows:

Where tax file number provided:

1 to 49 cents rounded down to nearest whole dollar.

For example, if the amount worked out under the table is $250.35, the amount you must withhold is $250.00. 50 to 99 cents rounded up to nearest whole dollar.

For example, if the amount worked out under the table is $250.75, the amount you must withhold is $251.00.

Where tax file number not provided:

Ignore any cents. For example, if the amount worked out is $110.50, the amount you must withhold is $110.00.

For more information

If you have any questions or need more information about calculating the amount to be withheld, you can contact the Tax Office:

 By phone:

 13 28 66 for general PAYG enquiries or to order Tax Office forms or publications

 13 10 20 for superannuation and ETP enquiries

Our staff are available during office hours to answer your questions.

 via A Fax from Tax. This service is available 24 hours a day. Call 13 28 60 and follow the instructions to order a catalogue or to be sent information

 at our Internet site, ATOassist: www.ato.gov.au

 in person by visiting one of our ATOaccess shopfronts. Addresses are listed in TaxPack, and in the White Pages telephone directory under ‘Australian Taxation Office’.

Overview

The Pay As You Go (PAYG) Withholding Tax Tables for superannuation pensions and annuities were incorporated by reference in 2006 and are effective for payments made on or after 1 January 2003. This withholding schedule was made by the Commissioner of Taxation under sections 15-25 and 15-30 of Schedule 1 to the Taxation Administration Act 1953 and applies to withholding payments covered by section 12-80 of Schedule 1. The tables were introduced to address the need for clear guidelines on the amount of tax to be withheld from superannuation pensions and annuities, ensuring compliance with tax obligations for both payers and recipients. The policy objective is to facilitate the accurate calculation of tax withholding to meet revenue requirements while providing for appropriate rebates where applicable. The Australian Taxation Office provides detailed instructions and support for employers and payers to correctly apply these withholding tables.

Scope and Application

The Pay As You Go (PAYG) Withholding Tax Tables apply to payments of superannuation pensions and annuities, and are used by payers to determine the amount of tax to withhold from these payments. The tables are applicable to any individual or entity that makes such payments, and the withholding tax applies to both Australian residents and foreign residents. The PAYG withholding tax rates vary depending on whether the payee has provided their tax file number (TFN) and whether the pension or annuity is rebatable. If the payee provides their TFN, the amount to be withheld is calculated using a specific formula that takes into account the deductible 27H amount and the number of instalments. If the payee has not provided their TFN, the withholding tax rate is 48.5% for Australian residents and 47% for foreign residents. Special rules apply for rebatable pensions and annuities, and the Commissioner of Taxation has the authority to create subordinate instruments to extend or restrict the application of the withholding tax.

Key Provisions

The main operative sections of the Pay As You Go (PAYG) Withholding Tax Tables (sections 15-25 and 15-30 of Schedule 1 to the Taxation Administration Act 1953) require payers of superannuation pensions or annuities to withhold tax from these payments. Specifically, section 12-80 of Schedule 1 mandates that the withholding schedule apply to payments made on or after 1 January 2003. If the pension or annuity recipient provides their tax file number, the payer must follow a two-step process to determine the withholding amount, deducting the deductible 27H amount and applying the number of instalments before referring to the relevant PAYG Withholding Tax Table. If the recipient is a foreign resident, a different withholding rate applies. The Act imposes several obligations on the parties it governs. Payers of superannuation pensions or annuities must calculate the correct withholding amount based on whether the recipient has provided a tax file number and whether the pension or annuity is rebatable. If the recipient has not provided their tax file number, the payer must withhold a standard percentage, either 48.5% for resident recipients or 47% for foreign resident recipients. If the pension or annuity is rebatable and the recipient has provided their tax file number, the payer must apply a formula that reduces the withholding amount by a specific percentage of the rebatable portion. The payer must also round the withholding amount according to specified rules. Failure to comply with the withholding requirements can lead to various consequences. The Commissioner of Taxation can take action against payers who do not withhold the correct amount of tax, potentially leading to financial penalties. In severe cases of non-compliance or willful disregard of the withholding obligations, criminal charges may be pursued. The maximum penalties for non-compliance can include fines and, in the case of criminal charges, imprisonment, reflecting the seriousness with which the Australian Taxation Office treats these obligations.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.