Salary sacrifice is a financial arrangement that allows employees to exchange a portion of their gross salary for certain non-cash benefits. This voluntary arrangement can have significant financial advantages for both employees and employers. In this Business Kitz post, we will explore how salary sacrifice works, its benefits, potential drawbacks, and some common examples of salary sacrifice programs.

What is salary sacrifice?

Salary sacrifice is a financial arrangement in which an employee agrees to forgo a portion of their gross salary before taxes and other deductions in exchange for non-cash benefits provided by their employer. By reducing their taxable income, employees can enjoy tax savings and potentially enhance their overall compensation package.

Common benefits obtained through salary sacrifice include increased pension contributions, childcare vouchers, or access to various employee perks, all while reducing their income tax and National Insurance liabilities. This arrangement can be advantageous for both employees and employers, as it offers tax benefits and can help attract and retain talent through enhanced compensation packages.

What are the benefits of engaging in salary sacrifice?

There are no limitations regarding the categories of benefits that can be incorporated into a salary sacrifice agreement. They can vary depending on your employer's offerings and local regulations.

1. Fringe benefits

In the context of salary sacrifice, fringe benefits refer to additional perks or advantages that can be included in a salary sacrifice agreement. These benefits go beyond your regular salary and can encompass various offerings like company cars, and shares. However, it's important to be aware that when your employer provides these fringe benefits, they may be subject to Fringe Benefits Tax (FBT), which is calculated based on the value of the benefit. In some cases, your employer might request you to make an employee contribution to help offset their FBT obligations, ensuring that the tax impact is managed effectively.

Common fringe benefits include:

• Cars
• Goods
• Shares
• Payment of your expenses for loan payments, school fees, and childcare costs.

2. Exempt benefits

Exempt benefits are a category of non-cash benefits obtained through salary sacrifice. The key advantage of exempt benefits is that they are not subject to Fringe Benefits Tax (FBT) when they are used for work-related purposes. This means that if you opt for these benefits through salary sacrifice, you won't incur any additional tax liability.

Common exempt benefits include:

• Portable electronic device
• Computer software
• Protective clothing
• Briefcase
• Tool of trade

These items are often essential for your job and can significantly enhance your work efficiency and productivity. By obtaining exempt benefits through salary sacrifice, you can enjoy these work-related advantages without any tax implications, making it a tax-efficient option for both you and your employer

3. Superannuation benefits

When it comes to salary sacrifice, superannuation benefits are a vital component. These benefits involve contributing a portion of your salary into your superannuation fund through an effective salary sacrifice arrangement. The unique aspect of these contributions is that they are classified as employer contributions when your employer directs them to a compliant superannuation fund. This means they don't fall into the category of fringe benefits.

This has some key benefits:

• Tax Savings: These contributions are usually taxed at a lower rate within your super fund, which means you pay less tax compared to your regular income.
• Compliance: To enjoy these tax benefits, it's crucial to make sure your super fund meets all the rules and regulations set by the government.
• No Added Tax Burden: Unlike some employee benefits that can incur extra taxes for your employer, these super contributions do not lead to additional taxes for them.
• Long-Term Savings: By doing this, you're saving money for your retirement. Over time, these contributions, along with any money your super fund earns from investing, can grow and provide you with financial security when you retire.

Drawbacks and considerations

While salary sacrifice can offer numerous benefits, there are some important considerations and potential drawbacks:

1. Lower base salary: Sacrificing part of your salary will result in a lower base salary, which could affect future calculations, such as mortgage affordability.

2. Impact on Benefits: Some state benefits and pension calculations are based on your gross salary, so reducing your salary through sacrifice could impact these.

3. Changing regulations: Tax laws and regulations can change, potentially affecting the benefits of salary sacrifice arrangements.

4. Availability: Not all employers offer salary sacrifice programs, so eligibility depends on your workplace.

Legal advice

Navigating salary sacrifice arrangements and ensuring compliance can be complex, but we are here to make it easier. Explore our Business Kitz subscription service today and access our full range of legal, commercial and employment documents to begin your business with a solid foundation that ensures compliance. For specific guidance on salary sacrifice or any legal concerns, turn to our sister company, Legal Kitz. You can also request to book a FREE consultation with one of their highly experienced team members here today or contact them at info@legalkitz.com.au or 1300 988 954.