MLS Income Explained: What Counts Beyond Taxable Income

The ATO uses 'income for MLS purposes' — not just taxable income — adding back fringe benefits, super contributions, and investment losses to determine your surcharge.

Updated April 20269 min read
Based on ATO legislation2025–26 financial year

What is income for MLS purposes?

Most Australians know their taxable income — it's the number at the bottom of their tax return. But the ATO uses a different, broader measure to decide whether you owe the Medicare Levy Surcharge. This measure is called income for MLS purposes, and it captures income streams that taxable income misses.

The reason is straightforward: without this broader test, higher-income earners could reduce their taxable income below the MLS threshold through salary sacrifice into super, novated leases, or negative gearing — and avoid the surcharge entirely. The ATO adds these amounts back so the MLS threshold reflects your actual economic income.

Key point: You can have a taxable income of $90,000 — well below the $101,000 threshold — and still owe MLS if your fringe benefits, super contributions, and investment losses push your MLS income above the threshold.

The MLS income formula

Income for MLS purposes

Taxable incomeA
+ Reportable fringe benefitsB
+ Reportable super contributionsC
+ Total net investment lossesD
+ Family trust distribution tax amountE
= Income for MLS purposesA + B + C + D + E

Note: Taxable income excludes any assessable First Home Super Saver (FHSS) released amount. Source: ATO — MLS income thresholds and rates

Each component adds income that your taxable income figure doesn't capture. The sections below explain what each one is, how it gets onto your tax return, and when it actually matters.

Component 1: Taxable income

This is your assessable income minus allowable deductions — the figure at the bottom of your tax return. It includes your salary and wages, interest, dividends, capital gains, rental income (net of deductions), business income, and most other income sources the ATO assesses.

For most PAYG employees with no investments or salary packaging, taxable income is the only component that matters. If your taxable income alone is below $101,000 (singles) or $202,000 (families) and you have none of the other components, you will not owe MLS.

There is one exclusion: if you withdrew money under the First Home Super Saver (FHSS) scheme, the assessable FHSS released amount is removed from your taxable income before the MLS calculation. This prevents a one-off super withdrawal from triggering MLS in the year you access it.

Component 2: Reportable fringe benefits (RFB)

Fringe benefits are non-cash benefits your employer provides as part of your remuneration package. When the total taxable value of your fringe benefits exceeds $2,000 in an FBT year (1 April to 31 March), your employer must report a reportable fringe benefits amount (RFBA) on your income statement.

Common fringe benefits that create an RFBA

  • Novated car leases — the most common source. Your employer leases a car on your behalf as part of a salary sacrifice arrangement. The car fringe benefit is assessed at either the statutory formula (20% of the car's value) or operating cost method.
  • Living-away-from-home allowances (LAFHA) — paid when you relocate for work and need to maintain a second residence. The taxable value is the full allowance minus any exempt food and accommodation components.
  • Employer-paid school fees — if your employer covers private school fees as part of your package, the full amount is a fringe benefit.
  • Employer-provided housing — common in mining, remote work, or corporate relocation packages.

Why the amount is “grossed up”

The RFBA on your income statement is not the actual cost of the benefit — it is the grossed-up value, calculated using the lower (type 2) gross-up rate of 1.8868. Grossing up reflects what you would have needed to earn in pre-tax salary to purchase the benefit yourself, at the highest marginal tax rate plus the Medicare levy.

Example: Novated lease gross-up

Car value (cost price)$45,000
Statutory fraction20%
Taxable value of fringe benefit$9,000
Gross-up rate (type 2)× 1.8868
Reportable fringe benefits amount$16,981

The $16,981 is what appears on your income statement and gets added to your MLS income — not the $9,000 taxable value.

What this means in dollars

On a $90,000 salary with a $45,000 novated lease

MLS income: $106,981

Your taxable income is below the $101,000 threshold, but the grossed-up fringe benefit pushes your MLS income into Tier 1 — liable for 1% MLS without qualifying hospital cover.

Component 3: Reportable super contributions (RSC)

Reportable super contributions are the sum of two types of contributions:

  • Reportable employer super contributions (RESC) — employer contributions above the compulsory Super Guarantee (SG) minimum. The most common source is salary sacrifice into super. If your employer contributes more than the SG rate (currently 12% of ordinary time earnings) as part of your package, the excess is reportable.
  • Deductible personal super contributions — if you make personal contributions to your super fund and claim a tax deduction for them (under section 290-150 of the ITAA 1997), those deducted amounts are added back for MLS purposes.

What is NOT reportable

  • Compulsory SG contributions — the standard 12% your employer is legally required to pay. These are not reportable and do not affect your MLS income.
  • Non-concessional (after-tax) contributions — personal contributions you make from after-tax money without claiming a deduction. These are not reportable and not added to MLS income.

Why salary sacrifice doesn't reduce MLS income

When you salary sacrifice $10,000 into super, your taxable income drops by $10,000 — but your reportable employer super contributions increase by $10,000. The two movements cancel out, leaving your income for MLS purposes unchanged.

Try this scenario

Enter $100,000 taxable income with $10,000 in salary sacrifice to see how MLS income stays the same. Try it with and without the super contributions field.

Test salary sacrifice effect

Component 4: Net investment losses

If your investment expenses exceed your investment income — in other words, if your investments run at a loss — those losses have already reduced your taxable income. The ATO adds them back for MLS purposes. This is a deliberate policy choice: the government doesn't want investment losses (particularly negative gearing) to shield high-income earners from the MLS.

There are two separate categories, and the ATO requires you to calculate each one independently:

Net financial investment loss

When deductions from financial investments (such as interest on margin loans, management fees, or brokerage) exceed investment income (dividends, interest, distributions). Reported at item IT5 on your tax return.

Common scenario: Margin-loan-funded share portfolio where interest costs exceed dividends received.

Net rental property loss

When your total rental property deductions (mortgage interest, depreciation, repairs, insurance, council rates) exceed your rental income. This is what most people know as “negative gearing”. Reported at item IT6 on your tax return.

Common scenario: Investment property where loan interest and depreciation exceed rent.

Important: You cannot offset a rental property loss against a financial investment gain (or vice versa) when calculating your total net investment loss for MLS purposes. If you have a $5,000 rental loss and $3,000 in share dividends, both are treated separately — your net investment loss for MLS is $5,000, not $2,000.

Example: Negative gearing and MLS

Salary income$115,000
Rental income$22,000
Rental deductions−$30,000
Net rental property loss−$8,000
Taxable income ($115K − $8K)$107,000
MLS income ($107K + $8K loss added back)$115,000

The rental loss reduced taxable income to $107,000 — but MLS income is assessed at $115,000 because the loss is added back. This is Tier 1 (1% MLS rate).

Try this scenario

See how a negative gearing loss affects your MLS. Enter $107,000 taxable income with $8,000 in net investment losses.

Test negative gearing effect

Component 5: Family trust distribution tax

This is the least common component and will not apply to most people. Family trust distribution tax (FTDT) is a penalty tax at the highest marginal rate that applies when a trust with a family trust election distributes income to someone outside the nominated family group.

If FTDT has been paid on a distribution that would otherwise have been your assessable income, that amount is added to your MLS income. This prevents the trust from using the penalty tax to shield the distribution from the MLS assessment.

If you do not have a family trust or have never heard of this tax, you can safely ignore this component.

The calculation trap: what the MLS is actually charged on

This is the single most misunderstood aspect of MLS, and getting it wrong leads to overestimating your liability.

Your income for MLS purposes (all five components) determines which tier you fall into and what MLS rate applies. But the MLS percentage is only applied to your taxable income plus reportable fringe benefits. Reportable super contributions, net investment losses, and family trust distribution tax are used for the threshold test only — the surcharge is not charged on those amounts.

Determines your tier

Income for MLS purposes

Taxable income + RFB + RSC + net investment losses + FTDT

MLS charged on

Taxable income + RFB only

Super contributions and investment losses are excluded from the calculation base

Source: ATO — M2 Medicare levy surcharge instructions

Example: The difference in practice

Taxable income$90,000
Reportable fringe benefits$0
Reportable super contributions$15,000
Net investment losses$0
Income for MLS purposes$105,000
Tier determinedTier 1 (1%)
MLS calculation base (taxable income + RFB)$90,000
Actual MLS payable ($90,000 × 1%)$900/year

A common mistake would be to calculate MLS as $105,000 × 1% = $1,050. The correct amount is $900 because super contributions are excluded from the calculation base.

Try this scenario

Try this exact scenario: $90,000 taxable income with $15,000 in reportable super contributions. Compare the MLS result against what you'd expect if the surcharge applied to the full $105,000.

See the calculation difference

Worked examples

These examples show how MLS income is calculated for common Australian scenarios. All use 2025–26 thresholds.

Scenario 1: Employee with a novated lease

Sarah earns $95,000 and has a novated lease on a $50,000 car. She also salary sacrifices $5,000 into super.

Taxable income (after salary sacrifice)$90,000
Reportable fringe benefits ($50K × 20% × 1.8868)$18,868
Reportable super contributions$5,000
Income for MLS purposes$113,868
TierTier 1 (1%)
MLS base (taxable income + RFB)$108,868
Annual MLS (without hospital cover)$1,089

Scenario 2: Salary earner with a negatively geared property

James earns $110,000 and has an investment property making a net loss of $12,000 per year. No salary sacrifice or fringe benefits.

Taxable income ($110K − $12K rental loss)$98,000
Net rental property loss (added back)$12,000
Income for MLS purposes$110,000
TierTier 1 (1%)
MLS base (taxable income + RFB)$98,000
Annual MLS (without hospital cover)$980

James's taxable income of $98,000 is below the $101,000 threshold — but the rental loss adds back, placing him in Tier 1. His MLS is calculated on $98,000 (the loss is not part of the calculation base).

Scenario 3: High-income professional with multiple components

Priya is a senior consultant earning $155,000. She salary sacrifices $20,000 into super, has a novated lease (RFBA $12,000), and a negatively geared share portfolio (loss of $4,000).

Taxable income (after salary sacrifice)$135,000
Reportable fringe benefits$12,000
Reportable super contributions$20,000
Net financial investment loss$4,000
Income for MLS purposes$171,000
TierTier 2 (1.25%)
MLS base (taxable income + RFB)$147,000
Annual MLS (without hospital cover)$1,838

Try this scenario

Run any of these scenarios in the calculator. Try adjusting the salary sacrifice amount to see that MLS income stays the same.

Run Scenario 3

Where to find each component on your tax return

Each component of MLS income maps to a specific item on your individual tax return. If you use myTax (the ATO's online lodgement system), most of these are pre-filled from your employer's Single Touch Payroll reporting.

ComponentTax return itemPre-filled?
Taxable incomeCalculated at the end of page 3 Most sources
Reportable fringe benefitsIT1 Yes (via STP)
Reportable employer super contributionsIT2 Yes (via STP)
Net financial investment lossIT5 Manual entry
Net rental property lossIT6 Manual entry
Family trust distribution taxAdjustments section Manual entry

The MLS calculation itself is completed at item M2 in the Medicare levy section of the tax return.

How couples and families are assessed

When you have a spouse (married or de facto), the ATO assesses MLS based on your combined income for MLS purposes — even if only one partner earns above the single threshold. The family threshold for 2025–26 is $202,000, increasing by $1,500 for each dependent child after the first.

Each partner calculates their own MLS income (all five components), and the two are added together to determine the family tier. However, the actual MLS each partner pays is charged on their own individual taxable income plus reportable fringe benefits, at the rate determined by the combined family income.

Example: Couple with one high earner

Partner A: $150,000 taxable income, $8,000 salary sacrifice

Partner B: $55,000 taxable income, no other components

Partner A's MLS income ($142K + $8K RSC)$150,000
Partner B's MLS income$55,000
Combined family MLS income$205,000
Family tierTier 1 (1%)
Partner A MLS: $142,000 × 1%$1,420
Partner B MLS: $55,000 × 1%$550
Total family MLS$1,970/year

Couple & Family MLS Calculator

Enter both partners' income components separately and see the combined MLS assessment.

Common surprises that push you over the threshold

Most people who are surprised by an MLS bill fall into one of these categories:

1

“I salary sacrificed to get under the threshold”

This is the most common trap. Salary sacrifice into super reduces your taxable income but creates a reportable employer super contribution of the same amount. Your MLS income stays the same. The only way salary sacrifice helps is if it moves you between income tax brackets — it does not reduce your MLS income.

2

“My taxable income is under $101,000 — I didn't think MLS applied”

A novated lease alone can add $10,000–$20,000 to your MLS income through the grossed-up RFBA. Combined with even modest salary sacrifice, this can push someone earning $85,000–$95,000 above the threshold without them realising it.

3

“My investment property runs at a loss — I thought that helped”

A negative gearing loss reduces your taxable income and your income tax. But for MLS purposes, the loss is added back. If your salary is $108,000 and your rental loss is $10,000, your taxable income is $98,000 (below the threshold) — but your MLS income is $108,000 (above it).

4

“My partner earns less than $101,000 — why are we assessed together?”

If you have a spouse, the ATO uses the combined family income, not individual income, to determine the MLS tier. A couple earning $120,000 and $90,000 individually would be under the single threshold, but their combined $210,000 exceeds the $202,000 family threshold — putting them in Tier 1.

Try this scenario

Check whether your combination of income, fringe benefits, and super puts you above the threshold. Enter your details to see your actual MLS income.

Check your MLS income

Frequently asked questions

Calculate your income for MLS purposes

Enter your taxable income, fringe benefits, super contributions, and investment losses to see your exact MLS income, which tier you fall into, and whether hospital cover would save you money.

Open the MLS Calculator →

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