As a tax agent, a common query I encounter from married or de facto couples involves the possibility of income splitting for tax advantages. Income splitting refers to the strategy of distributing income between spouses to minimise the overall tax burden. While it can be a legitimate tax planning tool, it’s important to understand the rules and implications. Here’s an insight into income splitting with a spouse.

1. What is Income Splitting?

  • Distribution of Income: Income splitting involves transferring a portion of income from a higher-earning spouse to a lower-earning spouse to reduce the overall tax liability.
  • Legal Considerations: It’s crucial to ensure that any income splitting arrangements comply with tax laws and regulations.

2. Legitimate Income Splitting Strategies

  • Investment Income: Owning investments jointly or in the name of the lower-income spouse can legally distribute investment income more favorably for tax purposes.
  • Family Trusts: Utilising a family trust can allow for the distribution of income among family members, including spouses, within legal guidelines.

3. Restrictions and Limitations

  • Anti-Avoidance Rules: Tax authorities have anti-avoidance rules to prevent the artificial shifting of income purely for tax benefits.
  • Attribution Rules: Certain rules may attribute income back to the higher-earning spouse, negating the benefit of splitting.

4. Income Splitting in Business

  • Employing a Spouse: If your spouse works in your business, you can pay them a salary or wage. This must be a reasonable amount for the work performed.
  • Partnerships: Involving a spouse as a legitimate partner in a business can allow income distribution through the partnership.

5. Superannuation Contributions

  • Spouse Contributions: Contributing to a spouse’s superannuation can be a form of income splitting, with potential tax benefits for the contributing spouse.

6. Tax Implications

  • Understanding Impact: Consult with a tax professional to understand how income splitting might affect your tax situation, including eligibility for tax offsets or benefits.
  • Compliance: Ensure that any income splitting strategy is compliant with tax laws to avoid penalties.

7. Potential Risks

  • Audit Risk: Unusual or aggressive income splitting can increase the risk of an audit from tax authorities.
  • Legal Consequences: Non-compliant income splitting can lead to legal repercussions, including fines and penalties.

8. Seeking Professional Advice

  • Tax Planning Strategy: Income splitting should be part of a broader tax planning strategy, ideally developed with professional advice.
  • Tailored Solutions: A tax professional can provide solutions tailored to your individual circumstances and ensure legal compliance.


Income splitting with a spouse can be a beneficial tax strategy when done within the legal framework. It’s important to understand the legitimate methods of income splitting, the restrictions in place, and the potential risks involved. Given the complexities surrounding this topic, seeking the advice of a tax professional is crucial to ensure that any strategies employed are effective, compliant, and aligned with your overall financial goals.