After 1 July 2011, the premium will only be partially deductible and the trustees may require an actuarial certificate to determine the deductible portion.
The relief was required to address concerns that changes to the wording of the fund deduction provisions that were introduced with effect from 1 July 2007 may have meant that many TPD premiums were not fully deductible.
In December 2010, the Australian Taxation Office issued a draft taxation ruling (TR 2010/D9) that explained the Commissioner's preliminary view on TPD premium deductibility from 1 July 2011.
The impact off this is that from 1 July 2011, a superannuation fund trustee can only claim a deduction for the component of a TPD premium that would result in the fund being liable to provide a 'disability superannuation benefit' as defined in the tax act.
This definition effectively requires that a person must be unlikely to be gainfully employed in any occupation for which they are reasonably qualified.
Where a TPD insurance policy has an "own occupation" definition there is the potential that a portion of the premium may not be deductible.
Super funds that have full service advisers will need to understand the implications of these changes and how they apply to the insurers and superannuation funds to ensure that the advice they provide to clients is accurate.
Craig Meldrum is head of financial advice at Australian Unity
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