Income for MLS purposes: the figure that sets your tier

Split your income into its parts: the tool adds back what the ATO adds back and shows which part the surcharge is charged on.

Grossed-up amount on your income statement

Reportable employer and deductible personal contributions

Rental and financial investment losses

Your income for MLS purposes

$110,000

Tier 1: the 1.00 % rate falls on $110,000 of taxable income and fringe benefits, $1,100 a year without cover.

Taxable income$98,000
Fringe benefits+$12,000
Super contributions+$0
Investment losses added back+$0
Surcharge without cover$1,100
How this is computed

Prepared by Radif Partners · How the figures are built · thresholds read on ato.gov.au, premiums from privatehealth.gov.au data · not tax advice

Income for MLS purposes is not your taxable income. The ATO starts from taxable income, leaves out any assessable first home super saver released amount, and adds four things if they apply to you: reportable fringe benefits from your income statement, reportable super contributions (employer contributions made under salary sacrifice plus personal contributions you claimed as a deduction), your total net investment loss from shares and rental property, and any amount on which family trust distribution tax was paid. For a couple, both partners' totals are added together. That sum decides your tier against the 2026-27 thresholds of $105,000 single and $210,000 family. The rate of the tier is then charged on a narrower base: taxable income, reportable fringe benefits and family trust amounts only. Super contributions and investment losses can push you into a tier without being charged themselves. The ATO case of Josh shows it: $127,000 of income for MLS purposes, but a surcharge worked out on $110,000.

The ATO worksheet, row by row

The paper return instructions for question M2 include a worksheet with a column for you and one for your spouse. It is the clearest statement of what the ATO counts. We follow its rows, and mark which ones also go into the base the surcharge is charged on.

Worksheet 1 of the M2 instructions; the rate base from Paying the Medicare levy surcharge.
RowItemCounts for the tierCharged at the rate
aTaxable income, without any assessable first home super saver released amountyesyes
bTotal reportable fringe benefitsyesyes
cAmount on which family trust distribution tax has been paidyesyes
dNet financial investment lossyesno
eNet rental property lossyesno
fReportable employer super contributionsyesno
gDeductible personal super contributionsyesno
hSpouse's share of trust net income taxed to the trustee (spouse column only)yesno

Row j adds the column up. For a single person, that is the income for MLS purposes. With a spouse, the two row j figures added together give the combined income tested against the family threshold of $210,000. Exempt foreign employment income goes into row a when your taxable income is at least $1.

Two ATO examples, two years

Tom, 2026-27. Tom is 35, single, without cover. His taxable income is $90,000 and his reportable fringe benefits $27,000, so his income for MLS purposes is $117,000. That is tier 1, and the 1 % rate falls on the whole $117,000: $1,170. Here the two bases coincide, because Tom has nothing that counts for the tier only.

Josh, 2025-26. Josh is also 35, single, without cover. His taxable income is $90,000, his reportable fringe benefits $20,000 and his net investment losses $17,000. His income for MLS purposes is $127,000, tier 2 at 1.25 %, but the rate is applied to $110,000 only: $1,375. The $17,000 of losses pushed him up a tier without being charged. Under the 2026-27 thresholds the same figures still land in tier 2 and give $1,375.

Add back your own super and losses

Your income for MLS purposes

$122,000

Taxable income$96,000
Fringe benefits+$12,000
Super contributions+$8,000
Investment losses added back+$6,000
Open the income builder →

Where people get caught

Most surprises come from add-backs that lower taxable income in one place and reappear here.

  • Salary sacrifice. Sacrificing pay into super reduces taxable income but reappears as a reportable employer contribution. On $100,000 of taxable income with $10,000 sacrificed, the test income is $110,000: above $105,000, a surcharge of $1,000 without cover.
  • Personal deductible contributions. The same applies to a contribution you make yourself and claim as a deduction in your return.
  • Negative gearing. A rental loss that brings taxable income down to $98,000 is added back: $12,000 of loss gives a test income of $110,000 and a surcharge of $980, charged on the $98,000.
  • Salary packaging. Fringe benefits count twice over, for the tier and for the base. The salary packaging page works through common packages.

What does not appear in the worksheet is not added. A first home super saver amount released to you is taken out of taxable income for this purpose.

The same figure sets your rebate

The ATO uses the same sum, under the name income for surcharge purposes, to set your private health insurance rebate. An add-back that moves you from tier 1 to tier 2 raises the surcharge rate from 1 % to 1.25 % and cuts the rebate for people under 65 from 16.079 % to 8.038 % of the premium. If you take the rebate as a reduced premium, you tell your insurer which tier you expect to be in; claim too much and you may have a tax liability when you lodge, so the ATO asks you to tell the insurer when your income moves to another tier. The rebate page explains the reconciliation.

Sources

The definition is on the ATO page on income for MLS purposes, thresholds and rates, updated 22 June 2026, and in the worksheet of ATO, M2 Medicare levy surcharge 2026 (tax return instructions). The Tom example is the ATO's 2026-27 example; Josh is the 2025-26 example of the M2 instructions. Our method shows how the calculator splits the two bases.

Questions people ask about this

Is salary sacrifice into super counted for the Medicare levy surcharge?

Yes, for the tier. Salary sacrificed contributions are reportable employer super contributions, and the ATO adds them back to income for MLS purposes. They do not enter the base the rate is charged on. Someone on $100,000 of taxable income who sacrifices $10,000 is tested on $110,000, so is above the single threshold, and pays $1,000 without cover.

Does a negative gearing loss reduce income for MLS purposes?

No. A net rental property loss lowers your taxable income, but the ATO adds it back when it works out income for MLS purposes, together with any net financial investment loss. A landlord with $98,000 of taxable income after a $12,000 rental loss is tested on $110,000, above the 2026-27 single threshold of $105,000.

Are reportable fringe benefits charged by the surcharge or only counted?

Both. Reportable fringe benefits are the one add-back that also forms part of the base the surcharge rate falls on, together with taxable income. The ATO example of Tom, who has a taxable income and a fringe benefits amount, charges the tier 1 rate on the sum of the two. Use the grossed-up figure printed on your income statement.

Does foreign income count for the surcharge?

Exempt foreign employment income does. The M2 instructions say to add it to taxable income when working out income for MLS purposes, provided your taxable income is $1 or more. Foreign income that is already assessable is part of taxable income anyway. Overseas cover held with a foreign fund still does not count as private patient hospital cover.

What extra amount does a spouse bring into the family total?

Besides their own taxable income and add-backs, a spouse brings any share of the net income of a trust on which the trustee must pay tax and which is not already in their taxable income. The ATO worksheet keeps it in a separate row of the spouse column. Your two column totals, added together, give the combined income for MLS purposes.

Keep going

Official sources for this page

Prepared by

Independent publisher of Medicare levy surcharge, rebate and Lifetime Health Cover calculators for Australian taxpayers

Rules and premiums last checked on · Editorial policy · Contact

Surcharge and rebate figures follow the ATO tables for 2026-27; premiums come from the PrivateHealth.gov.au file and change every 1 April. Your notice of assessment and your insurer's quote are what count. General information, not tax, legal or financial advice.

Income year 2026-27, tax year 2026, last updated, ATO thresholds and PrivateHealth.gov.au premiums read on