Executive Salary Structuring

Executive Compensation & Salary Packaging Architecture

Attracting, retaining, and motivating senior executives is critical for companies landing or growing in Australia. However, designing compensation packages that align with shareholder interests while remaining tax-efficient for the executive is a complex process. The Australian regulatory framework—governed by the Australian Taxation Office (ATO), the Fair Work Ombudsman, and the Corporations Act—carries strict rules around Fringe Benefits Tax (FBT), Employee Share Schemes (ESS), and superannuation. At Executive Advisors, our Compensation desk designs premium, tax-compliant salary structures from our Brisbane office in Fortitude Valley.

We analyze executive remuneration through both a corporate and personal lens. By balancing base salaries with tax-effective fringe benefits, equity-based incentives, and structured superannuation contributions, we create balanced compensation models. Our strategies minimize FBT exposures for the employer while optimizing net take-home earnings and wealth accumulation pathways for the executive.

"Executive compensation is not just about the total dollar value; it is about the structural efficiency of the package. A well-designed compensation model minimizes corporate tax drag while maximizing value and retention for your leadership team."

Key Components of Modern Executive Salary Packaging

We structure multi-tiered executive packages, integrating cash, non-cash benefits, deferred incentives, and superannuation to drive performance and tax efficiency.

1. Tax-Effective Fringe Benefits & Salary Sacrificing

Fringe Benefits Tax (FBT) is an employer-level tax levied on non-cash benefits provided to employees, currently set at a flat 47.0%. However, certain benefits receive concessional treatment. We structure salary sacrifice arrangements for exempt or concessionally taxed benefits—such as novated car leases, portable electronic devices, and professional memberships—reducing taxable income.

2. Employee Share Schemes (ESS) & Equity Incentives

Aligning executive performance with equity growth is standard practice. We design and implement ESS programs, including share options, performance rights, and loan-funded share plans. We leverage the ATO's startup concessions or tax-deferred share rules, helping executives manage the timing of tax liabilities upon vesting or exercise.

3. Superannuation Optimization & Concessional Caps

Employers must pay the Superannuation Guarantee (SG) on behalf of employees, currently set at 11.5% (rising to 12.0% on July 1, 2025), up to a maximum contribution base. For high earners, we structure additional concessional (pre-tax) contributions and monitor the annual concessional cap ($30,000 per annum), managing Division 293 tax liabilities for high-income earners.

4. Relocation Allowances & Temporary Resident Concessions

For executives relocating to Australia on corporate visas, the tax treatment of relocation expenses, living-away-from-home allowances (LAFHA), and temporary residency concessions is highly specialized. We structure relocation packages to access temporary FBT exemptions and income tax exclusions, easing the transition process.

Our Compensation Design Process

We design and implement executive compensation models using a structured, four-phase process to ensure compliance, alignment, and cost efficiency.

01

Objectives Alignment & Benchmarking

We analyze your corporate strategy, budget constraints, and hiring timelines. We benchmark proposed roles against Australian market rates, ensuring salaries are competitive and aligned with local standards.

02

Structural Packaging & Modelling

We design the compensation mix, modeling the impact of base pay, superannuation, equity, FBT outgoings, and payroll tax. We create scenarios illustrating net outcomes for the executive and total costs for the business.

03

Contracting & Share Scheme Rules

We collaborate with legal counsel to draft employment agreements and execute ESS rules. We establish clear KPIs for short-term and long-term incentives, ensuring complete compliance with the Corporations Act.

04

Payroll Integration & Annual Review

We integrate the structured packages with your payroll systems, automate superannuation contributions, set up FBT tracking, and conduct annual audits to adjust packages for legislative or tax rate changes.

Executive Compensation Component Comparison

Structuring an executive package requires balancing the tax profiles, cash flow requirements, and retention impact of each compensation component.

Compensation Component ATO Tax Treatment Fringe Benefits Tax (FBT) Status Executive Cash Flow Impact Retention & Incentive Value
Base Cash Salary Taxed at individual marginal rates (up to 47.0% PAYG). Exempt (not a fringe benefit). High; provides immediate cash flow for personal use. Low; represents market-rate compensation without upside.
Novated Car Lease Paid from pre-tax salary, reducing taxable income. Concessionally taxed under statutory formula method. Moderate; reduces vehicle operating and finance costs. Moderate; highly valued employee lifestyle benefit.
Employee Share Schemes (ESS) Tax-deferred until a vesting event or sale of shares. Exempt (subject to specific ESS tax rules). Deferred; potential for significant future capital gains. Very High; aligns executive wealth with company value.
Superannuation Concessional Taxed at 15.0% inside the fund (extra 15.0% under Div 293). Exempt (not a fringe benefit). Deferred; locked inside superannuation until retirement. Moderate; supports long-term retirement wealth building.

Frequently Asked Questions

What is Division 293 tax and how does it affect executives? +
Division 293 tax is an additional 15.0% tax levied on concessional superannuation contributions for individuals whose combined income and superannuation contributions exceed $250,000 per annum. This effectively doubles the tax rate on superannuation contributions from 15.0% to 30.0% for the portion above the threshold. We model this impact during salary packaging, adjusting the mix of cash and superannuation to manage this exposure.
How does a novated car lease work in executive packaging? +
A novated lease is a three-way agreement between the employee, the employer, and a finance company. The employer makes the lease payments and running costs (fuel, insurance, servicing) using a combination of the employee's pre-tax and post-tax salary. This salary sacrifice reduces the employee's taxable income and avoids GST on the vehicle purchase price and running costs, while the employer manages the lease payments via payroll.
What are the tax concessions for startup Employee Share Schemes? +
Under the ATO's startup concessions, eligible employees who receive shares or options in startup companies (unlisted, less than 10 years old, turnover under $50 million) are exempt from tax on the discount received at the time of issue. For options, tax is deferred until the shares acquired upon exercise are sold, and the gain is generally taxed as a capital gain rather than ordinary income, qualifying for the 50% CGT discount if held for over 12 months.