Posts Categorized: SMSF

17 things you must have addressed

So what are the 17 things you must have addressed?

As Benjamin Franklin once rightly noted, the only things certain in life are death and taxes. We most certainly help all of your client with the second matter. We also do our best to guide clients to undertake proper estate planning as it is something that will eventually affect everyone..

Simply put, estate planning is the process of ensuring that the right assets get to the right people in the most efficient manner.  It requires thought and consultation.

So, will your estate planning ensure the best outcomes?

If you haven’t addressed the following points, then your estate planning is likely to lead to less than optimal outcomes, possible disputes and be more financially and emotionally costly to administer.

So have you understood and considered:-

  1. My Will still reflects my wishes and considers my current assets, extended family and any entities that I have established or control.
  2. I have taken steps to prevent inheritances falling into other people’s hands due to divorce, bankruptcy, drug and gambling debts.
  3. Everyone knows where my Will is.
  4. There is proof that my last Will was written at a time when I had the mental capacity to make such decisions.
  5. I have clearly set out which personal items and family heirlooms are to be left to whom.
  6. Dying intestate (without a Will) really does matter as it rarely provides an optimal outcome.
  7. I still wish that my named executor/executrix is to administer my estate.  Are they still alive?  Are they capable of administering the complexities of my estate?  Are they still living in my home town?  Do they know they are the named executor/executrix?  What if they reject the appointment?
  8. I understood and have considered all Capital Gains Tax implications including utilising existing capital losses which may otherwise be lost.
  9. I understand that a Will dictates what happens to assets that are owned by an individual.  I therefore understand that assets owned jointly as joint tenants, the owner of life insurance policies and my superannuation cannot be dealt with by my Will.
So want to know what the other 8 matters are? You can check back for Part 2 to this blog topic or attend our upcoming seminar.

At MRS, we will spend today planning for your success tomorrow.

 

A welcome change to super

There has been a welcome change to super. Without going through all the rules and a carve out, there was a basic prohibition against employees obtaining a tax deduction for personal contributions into super.  However, from July an employee can claim a deduction for personal super contributions (and the 10% rule has been removed).

How will this work? Say Fred is employed by Turnbull Wind Farms Pty Ltd.  If Fred’s salary was $100,000 the SG super thereon would be $9,500.  Fred could make a personal contribution of up to $15,500 so that he uses all of his $25,000 concessional contribution cap.

A word of warning though – the $25,000 is measured on contributions received by your super fund.  As such, one needs to be aware of contributions for the June 2017 quarter which can legally be paid as late as 28th July 2017 and/or whether an employer has changed from making contributions at the end of each quarter to doing so on a monthly basis.  You need to check with your super fund before making any final contribution(s) as you might be closer to your contribution cap thank you think.

In Fred’s case, he may not need the last $15,500 of income. Paid as a salary, it is subject to tax and Medicare Levy of 39% whereas the tax on the super contribution would only be 15%.  Fred will save tax of $3,720 by making a personal contribution.

So those who will benefit from this welcome change include:-

  • Those whose employer who won’t allow an employee to salary sacrifice into super. You would be surprised how common this is.
  • Those whose employer legally follows the book and bases SG super off the after super salary sacrifice pay. This too is surprisingly common.
  • Those employers who charge through a packaging provider for a super salary sacrifice arrangement.
  • Where a client could better use the cash during the year and only make a contribution at year end.
  • An employee of one’s business who doesn’t wish to incur WorkCover and Pay-roll Tax on employer contributions in excess of SG super.There have been some other welcome changes to super which will outline in future weekly blogs.The removal of the basic prohibition against employees obtaining a tax deduction for personal contributions into super is a welcome change .

There have been some other welcome changes to super which will outline in future weekly blogs.

What should you do? You should discuss your situation, needs and goals with a financial planner to ensure making a personal super contribution is in your best all round interests.

How much do you need to retire with?

How much do you need to retire with? It is a question that many think about without ever really doing anything about it.

So how much do you need?

The Association of Superannuation Funds of Australia (AFSA) releases quarterly moderate and comfortable living expenses for both singles and couples. In its latest release, it has measured that a single person requires $43,655 and a couple $59,971 to fund a comfortable retirement.

So much do you need to have invested to generate at least that level of income? For a couple earning an average of 6% (including franking credits & capital gains net of tax), they will need approximately $1,000,000.  However, if a couple invests only in term deposits earning 2.5%, then assuming an average tax rate of 15%, they will need more than $2,800,000.

It is becoming a more important question as the population ages and consecutive governments struggle with funding the age pension. I was born in the early 60’s when there was 7 people working for every age pensioner.  Today there are only 4.5 workers funding every age pensioner.  Even more alarming are the predictions that there will be only 2 & 1/3rd workers supporting every age pensioner.  Do you think the amount of the age pension and the levels at which one becomes entitled are going to rise or fall? 

And then there is longevity risk. We are living longer than our parents and grand parents – meaning our investment capital has to last longer.

So what are you going to do?  Speak to a financial planner.  A financial planer will take into account your needs, wants & resources and then advise you what is best for you in terms of the best tax structures, strategies and investments (notice that investments is listed last as it is my experience that strategy, structure and the way and timing as to how they are implemented usually delivers greater results and savings than the investment themselves). 

As accountants, we are prohibited from providing this service to you – but our separate financial planning firm can.  Why not call them today.

At MRS, we will spend today planning for your success tomorrow.

 

Should you elect for CGT relief

Should you elect for Capital Gains Tax (CGT) relief? This is just one of the crucial questions facing those who are either commuting part of their pension to come under the $1.6 million pension cap or are ceasing a Transition To Retirement Pension.

These two situations mean that asset sales which would have been CGT tax free or largely tax free will be taxable. In recognition of this, The ATO is granting CGT relief.  This relief is optional but only obtained if an election is made.  It is also irrevocable.

It can also be chosen on an asset by asset basis – which means down to individual purchases of listed shares. This is an important point as it is quite common to see a holding that has unrealised capital gains on some purchases but unrealised losses on others – this would be the case if one bought shares in say BHP or Woolworths 10 years ago but had bought further shares last year.

If CGT relief is chosen, the asset is deemed to be sold and repurchased at financial year-end. The tax-free portion (based of the exempt current pension income %) of any gain is ignored.  The taxable portion can either be declared within the 2017 Tax Return or can be deferred for payment until the asset is sold.

So should you elect the CGT relief? Well it depends.

Most self managed super funds are unsegregated so we will limit our comments to that scenario.

One should first determine whether CGT relief is indeed available. It can only being claimed for assets that were held from November 9 2016 through to July 1 2017.  The asset(s) in question must also have been supporting an existing pension during this period.

What is best for each SMSF will depend upon:-

  • What is the exempt current pension income now and what will it be in the eventual year of sale.
  • Does the fund have significant capital or revenue losses?
  • Could the value of the asset actually fall after June 2017?
  • Has the share been held for 12 months by the end of June 2017? If not, then electing to obtain CGT relief will mean that the one third CGT discount will not be allowable within the calculation of the gain to be deferred.
  • Will the share be sold within 12 months? If so, electing to obtain CGT relief will mean that the 12 month CGT one third discount period starts again as from July 2017.

It is highly unlikely that the members of any two funds will be in the same situation. This is a quintessential example of the dangers of following a mate’s advice.  These changes are also dangerous in that there are more considerations than just this CGT relief.  We cannot stress the importance of seeking advice from a licenced financial planner (in this regard as Maggs Reid Stewart as an accounting firm can’t help you but our separate financial planning company can).

Transfer Balance Cap and the cost of doing nothing

July is almost here and many are still to resolve what they are going to do in response to the $1,600,000 Transfer Balance Cap (pension balance limit). This is rather scary as the cost of doing nothing can be very expensive. 

Take this notional case of Ms She Willbe Right-Mate who does not grasp the opportunity to act and has $3,200,000 in pension mode on 30th June 2017.

The ATO will force her to:-

  1. Remove the excess balance of $1,600,000 from pension mode.
  2. Assess her Excess Transfer Balance Earnings (ETBE). ETBE is an amount of income deemed to have further accrued within pension mode and must also be removed from pension mode. It is calculated on a daily basis at the ATO’s GIC interest rate (currently 8.76%). If we assume the monies remain in pension mode for 5 months after year end, then the ETBE will be $1,600,000 * 8.76% * 5/12 = $58,400. In all likelihood, she is not earning 8.76% on that excess balance so it has forced extra monies out of pension mode than if she had acted before July.
  3. An Excess Transfer Balance Tax (ETBT) will then be applied. This is a penalty payable by the member and which can’t be paid from super fund monies. First time breaches are taxed at 15% (30% for a subsequent breach) so in this case it will equate to $8,760.
  4. If she is particularly lazy and doesn’t act on the ATO demand within 60 days, the fund will be deemed not to be in pension mode in the year prior. Wow! In this case a pension balance of $3,200,000 earning say 6% (including franking credits) would have derived tax free income of $192,000. Having the ATO now deem that year as taxable would result in a tax impost of $28,800.

A lack of action has become rather costly!

So what does one do? One should obtain financial planning advice (which an accountant can’t provide).  It will be highly unlikely that anyone you know will be in a similar situation – there is no cookie cutter approach / copy what your mate is doing.  This in part due to the fact that the $1,600,000 pension is just one of the changes and considerations to be addressed. 

So if you haven’t received personal financial planning advice focused and tailored to your circumstances, jump to it.

Some crucial clarity at last

Effectively at a quarter to midnight, we now have some crucial clarity at last.

Superannuation changes announced in last year’s Federal budget, revised in September 2016 and passed into law by the Senate on 23rd November 2016 have remained far from clear for far too long.  Only last Thursday did the ATO finally provide clarification on the unanswered questions in respect of pensions commuted before July 2017 in order to come under the pension balance cap.  Also, a far less common situation was only addressed on Friday; that being in respect of defined benefits schemes.

This is a joke. The never should have been any ambiguity – or at the very least, it should have been rectified within weeks of the changes coming into law late last year.  As it is, these two matters have been addressed so late that they will not feature in any tax or financial planning journal nor any seminar until at least June.

A commutation requires an exact figure to be nominated. The ATO now accepts that most members with a self managed super fund have no idea of their exact balance and will not be in a position to comply with the law as intended (fortunately, our clients do following the migration to Simple Fund 360 which, other than property, provides real-time valuations and balances).  The ATO has now finally confirmed that they will ignore strict requirements and permit commutations of an unspecified amount sufficient to bring the pension balance under $1,600,000 – in other words of an amount that is not quantified until the financial statements are prepared.

The ATO will accept such commutations where:-

  • The request by the member and acceptance by the trustee are in writing.
  • The trustee resolution acknowledging this is dated before July 2017.
  • Specifies the methodology which allows the precise quantum of the amount commuted.
  • Specifies which pension will be commuted (which remains one of the big tax and estate planning issues).
  • Does not conflict with a similar request to commute.

It is also important to note that the commutation cannot be revoked.

There is also the unstated issue that commutations must be made in accordance with the trust deed. If that deed does not permit such ATO approved commutations, then the fund will be in breach of SIS regulations.  This may require some to upgrade their trust deed.

Whilst this all clarifies one issue, there are still many financial planning matters to consider such as which pension(s) is commuted and on what assets will Capital Gains Tax relief be obtained.

At MRS, we will spend today planning for your success tomorrow.

The importance of coming under your transfer balance cap

The importance of coming under your transfer balance cap can’t be understated.

If you do exceed your transfer balance cap you can rectify the matter yourself. There is also transitional relief in the 2018 year were a breach of less than $100,000 is rectified before January 2018.  Otherwise, there is a three-way penalty:-

  1. The ATO will issue you with an excess notice which includes a 15% penalty (30% for a second offence).
  2. The amount payable will attract interest charged daily at the GIC rate (currently about 9%).
  3. You will be denied the option to claim Capital Gains Tax relief on assets that are removed from your pension balance.

So an excess pension balance can prove to be quite costly.

But it doesn’t end there.

One has 60 days to act on an excess notice from the ATO (called a Crystallised Reduction Amount). If you do not commute (remove) the excess balance out of your pension balance within 60 days then:-

  • The fund (not just your portion) will be in breach. This may result in the ATO removing complying status for the fund. This has many nasty implications including the fund not being able to receive concessional contributions from any source.
  • The offending pension balance will cease to be in retirement phase in the year which the 60 day period ends. This could easily result in upwards of $5,000 of tax being payable.

The changes in respect of pension balances are amazingly complicated. If you have not acted upon your situation then you need to do so immediately to ensure that everything is done that needs to and can be done before July 2017.  Receiving advice on your particular circumstances is financial planning advice for which you will need the services of a financial planner; as accountants we are prohibited from doing any more than explaining the rules to you.

Why valuers and actuaries are going to have a field day

 

If you see someone happy about these super changes, then you can safely presume what they do for a job as valuers and actuaries are going to have a field day.

The importance of being above or below the transfer balance cap and/or the pension balance cap requires that those members who are borderline need to have accurate numbers within their self managed super fund (SMSF) both before 30th June and thereafter each 30th June.  Yes, the trustees of a SMSF are entitled to determine the value a fund’s property(ies), but no doubt the ATO will question those that appear to have a favourable outcomes from changing property values.  In such cases, it may be prudent to pay for a valuation from a licenced valuer to remove any doubt and to stop any ATO enquiry in its tracks.

Actuaries’ workloads will increase more so. There will be a number of funds that stop and/or start pensions before 30th June and for which they will need an actuarial percentage should the fund be unsegregated.  And then there will be those large funds that can no longer remain segregated after 30th June 2017 with the excess of any members’ balances over the $1,600,000 pension cap thereafter required to be moved into pension mode.  The wonderful days of the fund being entirely in pension mode will cease in just over 100 days.  Accounting fees will increase with the actuarial tasks and tax refunds from imputation credits will fall with large funds no longer having 100% of their income being tax free.

If you are affected by these and indeed other super changes, you are best supported by:-

  • An accounting firm who can provide you with real time numbers for your SMSF (as Maggs Reid Stewart Pty Ltd can).
  • Financial planning advice from a licenced financed planner (as accountants are prohibited from advising you on what actions you should undertake). So Maggs Reid Stewart can’t advise you as to what to do, but Maggs Reid Financial Planners Pty Ltd can.

 

The $1,600,000 pension cap

The most complex of the super changes are in respect of the $1,600,000 pension cap & associated CGT relief rules.

If you have more than $1,600,000 in pension mode come July 2017 then the ATO will force you to:-

  • Withdraw the excess amount,
  • Pay a penalty tax,
  • Lose any entitlement to Capital Gains Tax relief, and
  • Not allow you to access any future indexation increases in the transfer balance cap?

So what do you need to do? There is no one right answer for everyone as what is best for you depends on your individual circumstances and goals. It is, to say the least, tricky as there are a number of inter-related decisions to be made.

Following the removal of the accountants’ exemption, an accountant can only make factual statements about tax law and limits. Advice as to amounts to be held inside and outside pension mode, amounts to be contributed and assets to be sold is financial planning advice. Such advice is only given by way of a Statement of Advice (financial plan). It will soon be July and with many seeking advice and with strategies to be formulated and implemented, the time to act is now.

A super asset protection story

I have just read an interesting super asset protection story.

Most people understand that super is a low tax rate environment and one of the strongest forms of asset protection. The extent of that asset protection now seems to be much stronger than previously thought.

Put simply, one can have their pants sued off, but one’s super will be protected except for last minute contributions made to defeat creditors.

In the case of The Trustees of the Property of Morris (Bankrupt) v Morris (Bankrupt) 2016, a widow received two lump sum payments out of her late husband’s super.  Her late husband was a bankrupt and she was also declared bankrupt after his death.  It was held that those lump sum amounts could not be paid over to her trustee in bankruptcy and shared with creditors.  So the asset protection of super lasted beyond the deceased’s lifetime as the lump sums were held to be a crystallised interest in his super fund.  Arguably this protection would also extend to reversionary pensions and binding death benefit nominations.

Perhaps this court case is a timely reminder of the benefits of super when recent changes have some re-evaluating how much they hold within super whilst others may find it harder to accumulate super given the upcoming reduction in the contributions caps.  As has always been the case, a specialist estate planning lawyer can guide you through all of the important matters.

At MRS, we will spend today planning for your success tomorrow.