2. What tax rate* do you prefer?
Investment Structures
A B C D
Income 46.5% 30% 15% 0%
Capital Gains 24% 30% 10% 0%
Superannuation
*Maximum tax rates
3. 3
The SMSF Market *
503,320 funds registered with the
Government
34,218 new funds established last 12
months
114,615 new funds in last 4 years
$1.58 trillion - total of all super assets
$496b – total SMSF assets (31.3%)
945,207 members
69% of funds have no more than 2
members
*APRA stats as at Mar.2013
4. Age Profile of SMSF Members
4
SMSF Age Profile
61.5% of SMSF fund members are age
55+ (nearing and post retirement age).
These members would have higher
average balances and as they move into
pension draw down the growth in assets
will slow.
4
6. Compliance/Administration Checklist
Fund establishment
Trust Deed review
Trustees & members
Electing to become regulated
TFN
ABN
GST registration
Separate bank account
Accepting contributions
Investment strategy
Investing
Record keeping
Paying of benefits
Annual requirements
Tax matters
6
7. 7
Drivers for SMSF
Advantages
o Control of investment
decisions
o Direct Investments options
o Investment returns
o Lower Costs
o Ability to Gear
o Tax Management
o Flexible retirement pension
options
o Flexible estate planning
Disadvantages
o Full trustee responsibilities
o Lack of Knowledge
o Time consuming to run
o Tough penalties for breaching rules
o May be uneconomic for low
balances
o Extra legal responsibilities
o Potentially higher costs
o Maximum of four members
10. 10
The Fund’s Investment Strategy
SIS Regulation 4.09
As a Trustee you must consider:
Risk involved, likely returns and fund objectives
Composition of a fund’s investments, diversification
Liquidity requirements of the fund
Ability of the fund to discharge present and future liabilities
Providing insurance cover for members within the fund
11. Asset & Family Protection
Providing insurance cover within a SMSF
The fund can insure members for:
Life Insurance as a result of death
Total & permanent disability
Income protection
The fund will claim a tax deduction for the insurance premiums
Provides cash liquidity to enable payment of death benefits to beneficiaries
Provides protection for any borrowings within the fund
Tax advantages of holding insurance in super as opposed to outside super
11
12. The Different Types of Assets
Core Type
Cash /TD’s
High interest savings a/c
Diversified fixed interest
Tailored TD’s
Australian property
Managed funds
ETF’s
Satellite Type
Directly held shares
Self-funding instalment
warrants
Specialised managed funds
Global property
Hybrid securities
Global fixed interest
Capital protected products
Collectables
12
13. Concessional Caps Increased
* Estimate only indexation expected from 1 July 2014
**Those aged 59 on 30 June 2013 also eligible for $35,000 (2013/14)
Those aged 49 on 30 June 2014 also eligible for $35,000 (2014/15)
Concessional Cap 2012-13 2013-14 2014-15
Under age 50 $25,000 $25,000 $30,000*
Aged 50 - 59 $25,000 $25,000 $35,000**
Aged 60 + $25,000 $35,000** $35,000**
14. 14
Salary Sacrifice 2013/14
Income
Superannuation
Guarantee
Maximum salary
sacrifice
For those Aged
60+
$100,000 $9,250 $15,750 $25,750
$125,000 $11,562 $13,348 $23,438
$150,000 $13,875 $11,125 $21,125
$180,000 $16,650 $8,350 $18,350
$200,000
$17,775
(maximum)
$7,225 $17,225
15. 15
Personal Contributions -Where No Deduction Claimed
Personal contributions capped at $150,000 pa
If under 65 you can bring forward 2 years of cap and contribute up to
$450,000
$150,000 $150,000 $150,000 $150,000
30 June 2012 30 June 2013 30 June 2014 30 June 2015
$450,000 $0 $0 $450,000 $0
30 June 2016
$150,000
17. SMSF Borrowing Rules
Loan must be used to purchase a single acquirable asset
The asset must be held in trust for the SMSF- SMSF holds
beneficial interest in that asset
SMSF has the right to acquire the asset following the SMSF making
one or more subsequent payments
The loan must be limited recourse
Rules are complex and extreme care should be taken in setting up
properly
17
19. Recent Changes –SMSFR 2012/1
Clarification of definition of a “single acquirable asset”
Improvements
o Still not allowed with “borrowed” funds
o However money from other sources can be now used e.g.
Contributions/other fund assets
Replacement assets
o If asset subject to borrowing is improved too much may become a
different asset & breach the rules
o Off the plan purchases are OK
19
20. The Borrowing Option to Purchase Asset
The Advantages
o Can increase your returns by using
borrowed funds
o Income from investment taxed at
maximum 15%
o Capital Gains Tax limited to 10%
o Nil tax if in pension phase
o Interest payments are tax deductible to
the fund
The Disadvantages
o Borrowing can magnify losses as
well as gains
o Borrowing costs are usually higher
due to limited recourse loan
o Asset usually locked in super until
retirement
o Costs to set structure & ongoing
administration
20
21. The Transition to Retirement Option (TTR)
“How to get a free kick-start for your
retirement”
22. 22
Your Preservation Age for Super Access
Date of birth Preservation age
Before 1 July 1960 55
1 July 1960 to 30 June 1961 56
1 July 1961 to 30 June 1962 57
1 July 1962 to 30 June 1963 58
1 July 1963 to 40 June 1964 59
After 30 June 1964 60
23. 23
Advantages of a TTR Pension
Allows you to work full or part-time and access your super
Convert super to a pension and invest tax free
Must draw a pension each year –Min. 4% to Max. 10% of account balance
Cannot draw a lump sum until you retire
Combine with salary sacrifice tax savings on contributions
Ages 55-59 pension amount receives a 15% rebate/ age 60+ non -assessable
Can be rolled back to accumulation super
24. 24
TTR Case study - Anna aged 55
Client Anna ‘s current situation
Employment Full-time
Income $76,000 p.a.
Super $350,000
25. 25
Anna’s TTR strategy
We transfer her current super benefits to a transition to retirement pension
Draw pension each year required to be same after tax position
She salary sacrifices $25,000 p.a. to super (includes SG)
Assumptions:
Salary indexed at 4% per annum
Super/ Pension investments earn 7% p.a. pre-tax
Excess income not re-invested
26. 26
Anna’s TTR Option
Do nothing Implement strategy
Gross income $76,000 $71,950
Tax payable $17,490 $13,072
Net income $58,510 $58,878
Super balance $377,046 $22,745
Pension balance $360,390
Net balance year 1 $377,046 $383,135
Balance at 65 $720,248 $821,584
29. SMSF & Estate Planning
In the event of death of a member the SMSF can pay death benefits in the
form of:
a lump sum to beneficiaries
a pension to a SIS spouse dependant or child dependant beneficiaries
a reversionary pension to spouse for existing pensions
Super death benefits do not form part of your estate unless the estate is
nominated as beneficiary under binding or non-binding death benefit
nomination form
29
30. Katz v Grossman [2005] NSWSC 934
SMSF with $1m of assets
Mr and Mrs Katz had 2 children – Linda & Daniel (adults)
Mrs Katz died a few years earlier and Mr Katz appointed Linda as
co-trustee of SMSF
Mr Katz made a binding nomination that death benefit ($1 m) be paid to children
equally
Mr Katz died
Linda appoints her spouse as co-trustee
Guess what happened ???
31.
32. 3232
Our division name
Sets us apart from our
banking brands
Widely know for super,
retirement and investment
Secondary to our
customer brands
–Super
–BT Wrap
–Insurance
–Investments
BT Financial Group – a multi-brand strategy
33. 33
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information only. Every effort has been made to ensure that it is accurate, however it is not intended to be a complete
description of the matters described. The presentation has been prepared without taking into account any personal
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Notas do Editor
>59 30 jun Over time advantage will disappear through indexatino (if the cap ever gets indexed.) 1 july 2018
Consider timing of the contributions – if an employer makes contributions late or pays too many in one period ….
Question to bankers: why do you think this type of contribution is important Who can take advantage of this contribution What happens if you exceed the cap for this contribution Example on whyte board of large tax liability recently experienced by a customer: 2008/09 $50,000 concessional + $150,000 non-concessional 2009/10 $50,000 concessional + $450,000 non-concessional Customer had done some contract work during 2008/09 and not aware contractor had paid $1,000 SG contribution to an industry fund This $1,000 has exceeded the concessional cap and will be taxed at 46.5% but this $1,000 is now treated as a non-concessional contribution by ATO so in 2008/09 customers non-concessional contribution is $151,000 which has now triggered the 3 year rule so we have now exceeded the non concessional cap by $151,000 and this is taxed at 46.5% thus a tax bill of $70,215.
Explain tax efficiencies of allocated pensions.
Lets have a look at a case study taking advantage of TTR. Speaker to go through current position /self-explanatory Anna is a 55 year old full-time worker with a salary of $76,000 per annum. She currently has $350,000 in super ($100,000 of which is undeducted).
Potential strategy Transfer current super to a non-commutable allocated pension Draw maximum pension income possible Salary sacrifice $25,000 per annum of salary - to remain in same after tax position. Assumptions: Salary indexed at 4% per annum Super/ Pension investments earn 7% pa pre tax Excess income not re-invested
Speaker to go thru results and pointing out particularly the effect of no tax on allocated pension from age 60 and the additional benefits that will provide at age 65. We are still maintaining the same net income from age 60 by reducing the pension amount.
The danger of passing control of s SMSF to dependent who may be tempted to distribute the death benefit to him or herself to the exclusion of others. The Katz/Grossman case is a perfect example of this: Daniel challenged the appointment of her husband but the NSW supreme court determined that his appointment was valid under the trust deed and trust law. Ultimately Daniel received no benefit from the super fund and the court ordered that the costs of the court action be paid by the fund. This could have been prevented by a binding nomination or a provision for Daniel as successor trustee on Mr. Katz death and provision of determining how voting power is exercised by trustees. Or if both children had become members and were appointed co trustees with their father prior to his death both would have assumed joint control of the fund after his death. An alternative solution would be to ensure the trust deed contains a provision allowing a deceased’s persons LPR to remove the trustee of a SMSF upon death of a member if need be. The provision could allow the LPR themselves to become trustee and /or appoint the surviving members as trustee. SIS allows a LPR to act as a trustee of a SMSF from date of death of a member until death benefits are paid. In this way, the deceased’s intentions with regards to the fund assets may be met. Alternatively individual trustees should consider appointing a corporate trustee especially for Mum and Dad funds where they have more than one child . Where the trustees are individuals, there is a need to have at least 2 individuals. On death of the first trustee, the survivor will be required to appoint another trustee and all too often, is for a child to be brought in as a trustee. By appointing a designated corporate trustee of the fund, with mum and dad as directors and shareholders, on the death of one, the survivor can continue to act as sole director of the company and there will not be any need for the survivor to appoint another trustee.
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