Presented by:
Aaron Dunn




                 ©The SMSF Academy 2012
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     #top10smsf
General Advice Disclaimer


This presentation provides general advice only. No direct or implicit
recommendations are given in this document. This means that the general
advice provided has not been prepared taking into account an individual’s
financial circumstances (i.e. investment objectives, financial situation and
particular investment needs). You should assess whether the advice is
appropriate to your individual financial circumstances before making an
investment decision. You can either assess the advice yourself or seek the help
of an authorised representative through an Australian Financial Services License
(AFSL) holder.

The SMSF Academy Pty Ltd believes that the information in this presentation is
correct at the time of compilation but does not warrant the accuracy of that
information. Save for statutory liability which cannot be excluded, The SMSF
Academy disclaims all responsibility for any loss or damage which any person
may suffer from reliance on this information or any opinion, conclusion or
recommendation in this presentation whether the loss or damage is caused by
any fault or negligence on the part of presenter or otherwise.




  #top10smsf
Strategy 1:

GET OUT OF JAIL FREE
CARDS WITH EXCESS
CONTRIBUTIONS TAX
Excess contribution tax – a growing problem?
                                                               Will we see
               • 296% increase in ECT assessments from the same in
    296% increase in ECT
assessments for concessional
  contributions in 2009-10 financial year (halving of concessional
                    2010                                        2012-13?
              contribution cap)
            • Will we see a similar story for 2012/13?
            • “Get out of jail free” cards:
               – Once-off refund of ECT for
                  concessional contributions
               – Returning contributions (NCC)
               – De-minimus test
 “Get out of jail free” cards:
               – Contributions Reserving
    • Once-off refund of ECT for
         concessional contributions
     •   Returning contributions (NCC)
     •   De-minimus test
     •   Contributions Reserving
‘One-off’ refund of excess concessional contributions
ATO must pay refund within 60 days of receiving                           Individual Income Tax return
 the amount from the fund. ATO allows 15% tax                               must be lodged within 12
offset. Refund can be reduced by outstanding tax                             months of income year
   debts and debts owed to other government
 agencies (e.g. child support agency, Centrelink)     Member lodges
                                                        tax return

                                                                                                       Excess concessional
                                                                                                   contributions are $10,000 or
                                      ATO credits
                                    100% of excess                                                   less; Individual does not
                                                                             ATO determines
                                     to member’s
                                                                                 excess                have previous excess
                                      income tax                                                    concessional contributions
                                                                              contributions
                                     account and
                                    amends return                                                     on or after 1 July 2011




                                                                                                    Must accept offer within
                                    SMSF pays 85%
                                                                              ATO notifies           28 days, but ATO can
                                       of excess
                                                                              member to
                                    contribution to
                                                                                accept                  allowed longer
                                          ATO




      Must pay within 30 days unless                     ATO offers
                                                      release authority
     defined benefit interest, pension                     to fund
       interest or if excess amount
     exceeds the value of the Interest

                                                                                             #top10smsf
One-off ECT refund example

• Neil (53) earns $100,000 p.a. and salary
  sacrifices up to his CC cap of $50,000
• Reduced to $25,000 for FY2012-13
• SMSF reports $27,083 at end of income year
• SMSF reports to ATO – excess of $2,083
• As the contributions:
   – Have been made post 1 July 2011; and
   – Are $10,000 or less; and
   – Are the first time Toby has breached the cap (since
     law introduced); and
   – Tax Return lodged within prescribed period
• Commissioner will issue “Notice of Offer”
   – 28 days to accept / reject the offer

                                               #top10smsf
One-off ECT refund example

• Where Neil accepts the NoO,
   – Excess contributions become assessable to him
     personally (amendment to 2012 Individual ITR)
   – SMSF will be provided with a compulsory ‘release
     authority’ of 85% of the contribution ($1,770)
       • Must be paid within 30 days of receiving the release
         authority along with a release authority statement
   – Commissioner will amend Toby’s ITR based on excess
     contributions as assessable income
   – Income tax, Medicare levy to be deducted from
     release amount issued to ATO by SMSF
       • Amounts reduced by 15% tax offset representing tax paid by
         SMSF
   – Tax Refund provided back to Neil with amended
     notice of assessment, unless other Commonwealth
     debts outstanding

                                                         #top10smsf
One-off ECT refund example
•   $10,000 excess contributions tax refund limit will not be indexed
•   If an individual lodges their personal income tax return late (beyond
    one year after the ITR was due), they forfeit their right to have an offer
    to release excess concessional contributions
     –   Unless otherwise allowed by the Commissioner;
•   Where an individual breaches the concessional contribution cap by
    more than $10,000, there is no refund option available, plus they also
    lose their ‘once-off’ eligibility as a result of the ECT amount
•   If member has breached in more than one year before ECT assessment
    raised, will only be eligible for first year
•   It is a ‘all or nothing’ approach – there is no ability to request a partial
    refund of the excess concessional contributions
•   Where there is insufficient capital in the Fund to pay the compulsory
    release amount, the amount will be personally assessed to the
    individual and a tax liability raised




                                                                    #top10smsf
Returning contributions

• Fund-capped contributions prevent a person
  from contributing more than the NCC cap
• Super funds are required to return single fund-
  capped contributions that exceed - SISR 7.04(3):
   – $150,000 if member is age 65 or over on 1 July in a
     financial year; or
   – $450,000 if member is less than 65 on 1 July in a
     financial year
• Does not apply across multiple contribution
  amounts made during a financial year where
  aggregated are excessive
   – E.g. John (59) makes NCC of $200,000 + $200,000 +
     $100,000 in FY


                                                 #top10smsf
Returning contributions

• Trust deed may outline how certain
  contributions could be aggregated
   – E.g. off-market share transfers made into SMSF on
     same day
• Ineligible contributions – SISR 7.04(4)
   – 65 and over: work-test has not been met
• Both require the contribution to be returned
  within 30 days of becoming aware of the
  breach
   – ATO ID 2009/29: must return even after 30 day time limit
   – ATO ID 2008/90: only excess amount needs to be returned




                                                        #top10smsf
De-minimus rule

• ATO to apply a de-minimus threshold for
  certain excess non-concessional contributions
   – Superannuation Consultative Committee – March
     2012
• “de minimis non curat lex” - the law does not
  care about very small matters
• ATO likely to no longer raise an ECT liability
  where NCC cap breached as a result of
  inadvertent trigger of bring forward rule
   – i.e. contribution of small value triggered bring
     forward rule
• Individuals can apply to the Commissioner for
  discretion on case-by-case basis
                                                 #top10smsf
De-minimus example
• Geoff (55) is self employed and made $50k self
  employed super contribution to his SMSF, along
  with $150k NCC contribution for 2011/12.
• In 2012/13, Geoff makes a $450k NCC.
• When completing 2012 tax return, Geoff can only
  claim $49,900 as self employed deduction,
  meaning $100 is NCC
• This triggers the bring forward for 2011/12
  ($150,100)
• Excess contributions tax payable of $69,797
   – ($150,100 + $450,000 - $450,000) x 46.5% = $69,797
• ATO reviewing prior assessments from 1 July 2007
• ATO to allow amounts to be re-contributed into the
  fund without incurring ECT
                                               #top10smsf
Strategy 2:

 CONTRIBUTIONS …
TO HAVE AND TO HOLD
Contributions Holding Accounts

• ATOID 2012/16: Allocation of contributions
• Interpretative decision confirms ability to
  “park” contributions for up to 28 days after
  the end of month in which contribution made
   – June contributions can be held-over until following
     financial year (allocated before 28 July)
• Deduction for taxpayer when paid
• Tax assessed in year of payment
• However, counts towards contribution cap in
  year amount is allocated to the member
   – When allocated – gross up by 1.176
• Reserve or suspense account?
   – SIS & Tax law requirements
                                               #top10smsf
Contributions Holding Account Example
 Allocated to
   member

                $25,000     Unallocated CC       Allocated to
                                                 member prior
                                                  to 28 July


                $50,000


1 June 2012                  30 June 2012             28 July 2012

•    John (54) has anticipated net capital gain of $100,000 for
     2011-12
•    Self-employed with no concessional contributions made YTD
•    Wants to reduce CGT bill as far as possible
•    John makes $75,000 member deductible contribution into
     fund
•    Claims tax deduction for $75,000 | SMSF pays contributions
     tax of $11,250
•    $50,000 allocated 2011-12 | $25,000 allocated 2012-13
                                                    #top10smsf
Don’t trip up…

• NCC amounts must not be ‘fund-capped’,
  otherwise must be returned
      – Under 65, >$450,000; over 65, >$150,000
Example
Member A makes $600,000 in-specie BRP contribution in June 2012. Trustees
resolve to allocate $150,000 before 30 June and balance to be allocated from
holding account/reserve before 28 July. ATO view that real property scenario is
fund-capped, regardless of intention to allocate over 2 years


• No ability to split a single contribution
      – SISR 7.08(2) requires trustee to allocate “the”
        contribution
Example
Same facts as above, buy BRP is $400,000, with $150,000 before 30 June and
$250,000 to be allocated before 28 July. ATO takes strict interpretation of
wording in SISR 7.08(2) where trustee is required to allocate “the” contribution,
and therefore above circumstances not permitted

                                                                   #top10smsf
Strategy 3:


SMSF “THE BLOCK”
    & LRBAs
POLL: Is this allowable using an LRBA?




                BEFORE




                AFTER
Allowable using an LRBA?

• Commissioner’s views within SMSFR 2012/1
  suggest such a transformation would not have
  created a different asset
   – Not using borrowings, but fund’s own resources
• Acquired asset was residential property;
  remains residential property, regardless of the
  significant improvements made
   – Not rezoned, subdivided, etc.




                                             #top10smsf
LRBA considerations

• Borrow to acquire, repair and maintain but not
  to improve
• Can improve, but only to extent that acquired
  asset does not become a different asset
• Need to determine if the character of the asset
  as a whole has fundamentally changed
   – Alterations or additions made to the physical object
     or the proprietary rights that comprise an asset
     under an LRBA




                                                #top10smsf
Different (replacement) asset examples

        Single acquirable asset   Whether it is a different asset(s)

        Vacant block of land on   A vacant block of land is subsequently subdivided
        single title              resulting in multiple titles. One asset has been
                                  replaced by several different assets as a result of the
                                  subdivision.



        Vacant block of land on   A residential house is built on vacant land which is
        single title              on a single title. The character of the asset has
                                  fundamentally changed from vacant land to
                                  residential premises. This is a different asset.




        Residential house &       A house is demolished following a fire and is
        land                      replaced by three (3) strata titled units. The
                                  character of the asset has changed along with the
                                  underlying proprietary rights. This has created three
                                  different assets.



                                                             #top10smsf
Different (replacement) asset examples

        Single acquirable   Whether it is a different asset(s)
        asset
        Residential house   A fire destroys a four bedroom house and a new superior residential
        and land            house is constructed on that land using both insurance proceeds and
                            additional SMSF funds. Rebuilding another residential house
                            (regardless of size) does not fundamentally change the character of
                            the asset held under the LRBA. The addition of a garage, for example
                            would also not change the character of the asset.


        Residential house   While each of the following changes would be improvements each
        and land            (or all) of the changes would not result in a different asset:
                                     • An extension to add two bedrooms
                                     • Addition of a swimming pool
                                     • Extension consisting of an outdoor entertaining area
                                     • Addition of a garage and driveway
                                     • Addition of garden shed

        Residential house   A ‘granny flat’ is to be constructed in the backyard of a property
        and land            which already has a four bedroom residence established on it. The
                            granny flat will have two bedrooms, a family room, a kitchen and
                            bathroom and will be connected to utilities.
                            The character of the asset would remain residential premises and
                            thus the construction of the granny flat would not result in there
                            being a different asset


                                                                 #top10smsf
Funding improvements
How you can fund any improvements using a LRBA
Insurance Proceeds                                  Yes
The fund’s cash reserves*                           Yes
Non-related tenant                                  Yes
Related party tenant                                Yes
Funds from any other external source                Yes

• Related party improvements may be classified
  as a contribution (TR 2010/1)
• Beware related party acquisitions of goods and
  materials not insignificant in value & function
• Trustees can not be remunerated unless
  suitably qualified, licensed and operating a
  business of building/renovating
                                                 #top10smsf
Strategy 4:

BORROWING FOR
SMSF PROPERTY
 DEVELOPMENT
Funding improvements

• Section 67A & 67B changes from 7 July 2010
  have imposed restrictions using LRBAs
• ATO SMSFR 2012/1 has provided clarity on:
   – single acquirable asset,
   – Repairs, maintaining and improving an asset; and
   – Where an asset becomes a different asset
• ATO ruling confirms that the SMSF can not
  undertake (breach of s67B):
   – Capital improvements where it becomes a different
     asset, including subdivision, rezoning,
   – Property held over 2 or more titles (e.g. farmland)
• What strategies (if any) can be used to
  address the above?

                                              #top10smsf
How it works – LRBA with SISR 13.22C trust




                                 #top10smsf
SISR 13.22C LRBA example

• Craig & Alana Jones intend to buy a property
  with sizeable land to build 3 townhouses
• Existing Property & Land purchase is $450,000
• Development cost estimated at $550,000
• Total project = $1,000,000
• They would like undertake the development
  using their SMSF

• How can this be achieved?




                                        #top10smsf
SISR 13.22C LRBA example
   5. SMSF has obligation to make
        loan repayments (use
                                     Issue?
           contributions?)



                                                                          Jones Property Trust
       Jones Family                             Bare                                (unit trust)

        Super Fund                            (Holding)          Trust
                                                                Dist’ns
          (SMSF)                                Trust

             3. Apply for
        #1,000,000 @ $1 units             Units in Unit Trust
                                              Units in
            in Unit Trust



  2. Limited                                                              4. Unit Trust acquires property for
                   Loan                                                    $450k; undertakes development
  Recourse
                Repayments                                                 with additional capital of $550k
Loan to SMSF




                                       6. Bank
                                     Repayments

                                    1. Redraw $550k




         Craig & Alana
                                                                               #top10smsf
SISR 13.22C LRBA example

• Not impossible but unlikely to find a bank that
  will lend
   – Only security allowed by lender are the units in the
     unit trust
• ATOID 2010/162 – more favourable terms for
  the SMSF loan?
   – What level of interest rate can be charged?
• Money should go in ‘upfront’ otherwise may
  require further bare trust for additional
  borrowings
• Must not breach requirements of SISR 13.22D
• What about going over budget?

                                                #top10smsf
Strategy 5:

  WHY YOU SHOULD
ALWAYS RUN MULTIPLE
  SMSF PENSIONS
Maximising benefit payments

• Maximise benefit of locking in the tax-free and
  taxable components
• Why is this important?
   1.   Greater tax efficiency for pensions under 60 years of
        age
   2.   Estate planning benefits
• POLL: Do you run multiple pensions?
• Create multi-pensions where undertaking
  recontributions
   – Ability to elect which interest to draw benefits from
• Various strategies including:
   – Unrestricted Non-preserved monies with TRIS
   – Market volatility
   – Asset segregation
                                                  #top10smsf
Impact on UNP with Transition to Retirement

   • Proportioning rule states that tax-free &
     taxable components must be taken in
     proportion to each other
      – Accumulation: Based on component before lump
        sum benefit paid
      – Pension: Proportion determined at commencement
        of income stream
   • SIS or Tax Law does not impose any
     proportioning to preservation components
      – Can separate unrestricted non-preserved benefits
        from preserved and restricted benefits
   • Why?
      – Priority of cashing benefits
      – Allocation of fund earnings


                                                 #top10smsf
Impact on UNP with Transition to Retirement

   • Case Study
      – Greg (55) has $700,000 account balance within
        SMSF
      – Components include preserved $500,000,
        unrestricted $200,000
      – Target pension income of $60,000 p.a. (CPI, 3%)
      – Access to capital is important to Greg
   • How do we best structure the pension(s)
     for Greg?
      – Do we commence one or more pensions?
      – Two pensions will allow for Account Based
        Pension to be commenced with unrestricted
        non-preserved benefits


                                              #top10smsf
Impact on UNP with Transition to Retirement
  $300,000                                                            $800,000


                                                                      $700,000
  $250,000

                                                                      $600,000
  $200,000

                                                                      $500,000
  $150,000
                                                                      $400,000

  $100,000
                                                                      $300,000

   $50,000
                                                                      $200,000


       $-                                                             $100,000
             55       56             57          58         59   60

                           Single TRIS    TRIS & ABP   Balance



    • Within 4 years, single pension has totally eroded unrestricted
      benefits
    • Additional $243,331 of unrestricted benefits available after five
      (5) years by running separate income stream (ABP)
Benefit of multi-pension strategy

• Case Study
  – Ted (60) has recently retired
  – $1,000,000 balance in SMSF ($200,000
    TFC)
  – Requires $60,000 pension p.a. (CPI – 3%)
  – Fund earnings at 6% p.a.
  – Undertakes recontribution strategy of
    $450,000
     • TC = $360,000 + TFC = $90,000
• Should Ted commence one or more
  pensions?

                                       #top10smsf
Benefit of multi-pension strategy

One pension                            Multi-pensions
Original components include 20% TFC    Original components include 20% TFC


Post recontribution includes 56% TFC   Recontribution creates a new super
(44% TC)                               interest (ABP#2) with 100% TFC
                                       ABP#1 commences with
                                       recontribution (20% TFC)

All earnings and benefits taken must   All earnings and benefits to be
be applied in proportion to when the   applied proportionately
income stream commenced (i.e. 56%      Choice of above minimum pension
TFC / 44% TC)                          amounts

Taxable component balance:             Taxable component balance:
• After 10 years - $460,223            • After 10 years - $414,930
• After 20 years - $383,733            • After 20 years - $254,318
Benefit of multi-pension strategy
                     $700,000



                     $600,000



                     $500,000
Tax-free component




                     $400,000

                                    Multi-pension strategy benefit:
                     $300,000
                                    • $45,293 after 10 years
                     $200,000
                                    • $83,751 after 15 years
                                    • $129,403 after 20 years
                     $100,000       • $195,411 after 25 years

                          $0
                                1    2   3   4   5   6   7   8     9    10   11   12    13     14   15    16   17   18   19   20   21   22   23   24   25
                                                                                       Years

                                                                 Single Pension        Multiple Pension




                                                                                                                         #top10smsf
How net earning & pension levels influence the strategy
        Multi-pension strategy benefit after 10 years

                                                                               10%




                                                                               9%
                                                                                                    Estate Planning
                                                                                                       benefit of
                                                                               8%                      $205,804




                                                                                     Net Earnings
                                                                               7%




                                                                               6%




                                                                               5%




                                                                               4%
                   $50,000   $60,000     $70,000   $80,000     $90,000   $100,000
                                          Pension level

              $0 -$100,000   $100,000 -$200,000    $200,000 -$300,000    $300,000 -$400,000
How net earning & pension levels influence the strategy
        Multi-pension strategy benefit after 20 years
                                                                                          10%




                                                                                          9%



                                                                                                 Estate Planning
                                                                                          8%
                                                                                                    benefit $0


                                                                                          7%




                                                                                          6%




                                                                                          5%




                                                                                          4%
                       $50,000     $60,000     $70,000     $80,000     $90,000     $100,000
        $0 -$100,000      $100,000 -$200,000   $200,000 -$300,000    $300,000 -$400,000    $400,000 -$500,000
Strategy 6:

   SIX REASONS FOR
RUNNING REVERSIONARY
       PENSIONS
Six reasons for reversionary pensions

1. Continuation of the Fund’s tax exemption
2. Potential for pension benefits to become
   ‘contaminated’ with taxable component
3. No minimum pro-rata pension required prior
   to death
4. Can still take a lump sum death benefit
   payment
5. No change to minimum pension for current
   financial year
6. Less paperwork




                                     #top10smsf
Why reversionary?

• Commissioner states within TR 2011/D3 that a
  pension will cease unless:
   – Reversionary beneficiary included within the
     original pension terms & conditions; or
   – A valid binding death benefit nomination existed
• ATO view that reversionary must be
  established at commencement of pension
• Any change to add a reversionary is likely to
  require a full commutation and repurchase
• Reliance on a valid BDBN would require very
  strict requirements in substance and form of
  nomination

                                              #top10smsf
Strategy 7:
 HOW $1 ACCUMULATION
ACCOUNT ALLOWS YOU TO
CARRY FORWARD A $100K
     CAPITAL LOSS
Exempt current pension income
• As part of fund investment strategy, trustees may
  wish to:
   – Segregate assets; or
   – Pool assets (unsegregated)
• Segregation can take various forms:
                 Segregated by ‘pool’ of members




 Asset   Asset                Member      Member
   A       B                     A            B
                              (Pension)   (Pension)                 Member         Member

 Asset   Asset                Member      Member
                                                                        A            B
   C       D                      C          D
                              (Accum.)    (Accum.)




    Segregated by Asset                               All members are in pension
                                                               phase
Asset segregation example
• Fred & Wilma are both retired and drawing
  Account Based Pensions from their SMSF
• During 2011-12 financial year have realised
  several investments which have resulted in
  capital losses totalling $100,000
• As fund is ‘segregated’ – capital losses are to
  be disregarded
   – Section 118-320, ITAA 1997
• If a member decided to roll back part of their
  income stream to accumulation phase, an
  actuary certificate would be required using
  unsegregated method
   – Section 102-5, ITAA 1997
• Change in method would allow for the capital
  losses to be carried forward
Why is this important?

• Carried forward capital losses can be very
  important in light of the Commissioner’s
  views expressed within TR 2011/D3:
   – Failure to complying with pension standards
       • Loss of fund tax exemption
   – Death of a member
       • Pension ceases at death unless automatic reversionary
         beneficiary




                                                        #top10smsf
Strategy 8:

  MEETING MINIMUM
PENSION AS LUMP SUM
Partial Commutationexample
   Partial commutation example

• Amanda (59) has recently retired and has
  $1,000,000 in accumulation within SMSF
• Wishes to commence an Account Based
  Pension and withdraw $70,000 for the income
  year
                                                            Tax Rate                      Tax Payable

   Pension payment of $70,000                                    32.5%                       $3,797

                                                                 37.0%                     $15,400*

                                                                 45.0%                     $21,000*
  The tax amounts shown above do not include any Medicare levy or Medicare levy surcharge, but do include the
  15% tax offset available for the pension.

  * Assumes pension amount is entirely assessable within the respective tax bracket (i.e. pension added to other
  income taking individual into the marginal tax bracket)




                                                                                              #top10smsf
Partial Commutationexample
    Partial commutation example

• Ability to use low-rate threshold – $175,000
  (2012-13)
• Accumulation phase (15%)
                              Fund Tax   Tax Payable on $50,000 of
                                Rate           fund income

$70,000 taken as lump sum       15%               $7,500

$70,000 as an income stream     0%                  $0


• Better to take income stream up to $83,000 of
  taxable income (incl. Medicare levy)
• But, could Amanda have the best of both
  worlds?


                                                           #top10smsf
Meeting the minimumpension
  Meeting the minimum pension

• Yes she can
• TR 2011/D3 confirms that where Amanda
  elects to take a lump sum via a partial
  commutation, the:
   – Income stream benefit still exists (no cessation)
   – The payment is a super lump sum for income tax
     purposes and lump sum for SIS purposes
   – All payments from Account Based Pension count
     towards minimum pension requirements as a result
     of commutation (unless to rollover)
• Amount can be in cash or in-specie
     Strategy can also apply for 60 and over members
      E.g. Moving into higher pension % brackets not
       requiring income; can make in-specie benefit
           payments to meet minimum pension
Strategy 9:

OPTIMISING PENSIONS
 WITHIN A VOLATILE
INVESTMENT MARKET
Benefiting from a poor investment market
   Downward investment market example

    • Arthur drawing an Account Based Pension with
      an account balance of $1,000,000 at 30 June
      2011
       – Includes 50% Tax-Free proportion
    • Poor share market performance shows
      portfolio decreased to $800,000
       – dropped 20% in 2 months
    • Do nothing = benefits reduce proportionately
      from commencement of income stream
       – $400k TFC / $400k TC
    • Is there an alternative solution for Arthur?


                                            #top10smsf
Benefiting from a poor investment market
  Benefiting from a poor investment market
    • Full commutation at 30 June 2011 = $500,000 TFC /
      $300k TC
        – NB. Not 1 July otherwise, pro-rata minimum (1/365th)
          pension required to be withdrawn
    • Commence new income stream from 1 September
      2011
        – 62.5% tax-free proportion
                          Accumulation          Pension Phase

    Tax-free component    $500,000              $400,000

    Taxable component     $300,000              $400,000

    Account Balance       $800,000              $800,000
    • Result = 12.5% improvement in tax-free component
        – Under age 60: reduced Arthur’s taxable income
        – 60 years & over: improved tax on lump sum death
          benefit when paid to non-dependant

                                                        #top10smsf
Benefiting from a poor investment market
  Benefiting from a poor investment market
    • Opportunity Cost = 2/12ths tax exemption for
      financial year
          – @ 4% Fund income = $6,667 share of income x 15%
            = $1,000 tax
    INCOME TAX (less than 60 years)       No change        Commutation &
                                                            Pension Reset

    Taxable proportion Pension              $25,000           $18,750

    Tax Payable (ex. Medicare levy)            $0               $0

    After tax pension                       $50,000           $50,000

    Super Fund Tax (15%)                       $0              $1,000

    Total Tax                                  $0              $1,000


    ESTATE PLANNING                        No change       Commutation &
                                                            Pension Reset

    Account Balance                          $628,380         $628,380

    Taxable Component                     $314,190 (50%)   $235,643 (37.5%)

    Non-dependant death benefit (16.5%)      $51,841           $38,881
Strategy 10:

  ANTI-DETRIMENT,
RECONTRIBUTION OR
       BOTH?
Anti-detriment or recontribution?
 Anti-detriment recontribution?

• TR 2011/D3 has highlighted taxation issues
  with super death benefits from:
   – Lump Sum death benefit to non-tax dependants;
     and
   – Capital Gains Tax (CGT) within the SMSF
• Recontribution ‘window’ typically 60 - 64
  years of age
   – Can extend beyond 65 if ‘work test’ is met




                                                  #top10smsf
Example
                   Example

• John (62) is retired and sole remaining
  member of SMSF
• $450,000 balance made up entirely of taxable
  component
• 2 x Adult children (independent)
• Death benefit nomination indicates to be paid
  equally
• Should John consider undertaking a
  recontribution strategy or look to fund an
  anti-detriment payment?
   – $74,250 lump sum tax saving with recontribution
     (i.e. $450,000 x 16.5%)
   – What about CGT within the fund? $200,000 of
     unrealised capital gains?
                                             #top10smsf
Example (cont.)
                                                  Anti-detriment                        Recontribution
Account Balance on death                          $450,000                              $450,000
Tax-free component                                $0                                    $450,000
Taxable component                                 $450,000                              $0
Anti-detriment payment*                           $63,643                               $0
Total death benefit                               $513,643                              $450,000
Tax-Free Component                                $0                                    $450,000
Taxable Component                                 $513,643                              $0
Tax on death benefit                              ($84,751)                             $0
Capital Gains Tax                                 $0**                                  ($20,000)
Excess Contributions Tax***                       $0                                    $0
Net benefit                                       $428,892                              $430,000
          John’s ESP is 1 July 1971, with date of death benefit payment 31 March 2012

          * Calculated in accordance with ATOID 2007/219
          ** Provides a carried forward tax loss, subject to other fund income ($224,287)
          *** ECT ignored but could apply due to reserve transfer and concessional contribution cap
          limitation
Example (cont.)


• Anti-detriment payment
  creates a $424,287 tax
  deduction for SMSF
   – Unrealised capital gain of
     $200,000
• Becomes a future tax
  benefit for adult children,
  but will they use it?
• Is there an optimal
  outcome?



                                  #top10smsf
Example (cont.)
                                Anti-detriment    Recontribution          Both
Account Balance on death           $450,000          $450,000           $450,000
Tax-free component                     $0            $450,000           $237,880
Taxable component                  $450,000             $0              $212,120
Anti-detriment payment*             $63,643             $0              $30,000
Total death benefit                $513,643          $450,000           $480,000
Tax-Free Component                     $0            $450,000           $237,880
Taxable Component                  $513,643             $0              $242,120
Tax on death benefit               ($84,751)            $0              ($39,950)
Capital Gains Tax                      $0             $20,000              $0
Excess Contributions Tax**             $0               $0                 $0
Net benefit                        $428,892          $430,000           $440,050


          • 2.21% effective tax rate on fund income and death benefit
My Top10 SMSF strategies for 2012-13
1. Use the ‘get out of jail free’ cards for ECT
2. Contribution holding accounts to manage ECT
    and ‘double dip’
3. Property improvements using LRBAs
4. Property development with LRBAs & SISR
    13.22C trusts
5. Almost always run multi-pensions
6. Six reasons to have reversionary pensions
7. How a $1 account balance can allow carry
    forward capital losses of $100,000
8. Taking minimum pension as lump sum
9. How to take advantage of strategies in a
    volatile investment market
10. Anti-detriment or recontribution or both?
                                       #top10smsf
eBook and Webinar recording




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        eBook are available at
    www.thesmsfacademy.com.au
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Top10 SMSF strategies for 2012-13

  • 1. Presented by: Aaron Dunn ©The SMSF Academy 2012
  • 2. Thank You to our supporting sponsors http://www.mlc.com.au/accountant-solutions/ www.bglcorp.com.au www.banklink.com.au www.justsuper.com.au www.glenister.com.au #top10smsf
  • 3. General Advice Disclaimer This presentation provides general advice only. No direct or implicit recommendations are given in this document. This means that the general advice provided has not been prepared taking into account an individual’s financial circumstances (i.e. investment objectives, financial situation and particular investment needs). You should assess whether the advice is appropriate to your individual financial circumstances before making an investment decision. You can either assess the advice yourself or seek the help of an authorised representative through an Australian Financial Services License (AFSL) holder. The SMSF Academy Pty Ltd believes that the information in this presentation is correct at the time of compilation but does not warrant the accuracy of that information. Save for statutory liability which cannot be excluded, The SMSF Academy disclaims all responsibility for any loss or damage which any person may suffer from reliance on this information or any opinion, conclusion or recommendation in this presentation whether the loss or damage is caused by any fault or negligence on the part of presenter or otherwise. #top10smsf
  • 4. Strategy 1: GET OUT OF JAIL FREE CARDS WITH EXCESS CONTRIBUTIONS TAX
  • 5. Excess contribution tax – a growing problem? Will we see • 296% increase in ECT assessments from the same in 296% increase in ECT assessments for concessional contributions in 2009-10 financial year (halving of concessional 2010 2012-13? contribution cap) • Will we see a similar story for 2012/13? • “Get out of jail free” cards: – Once-off refund of ECT for concessional contributions – Returning contributions (NCC) – De-minimus test “Get out of jail free” cards: – Contributions Reserving • Once-off refund of ECT for concessional contributions • Returning contributions (NCC) • De-minimus test • Contributions Reserving
  • 6. ‘One-off’ refund of excess concessional contributions ATO must pay refund within 60 days of receiving Individual Income Tax return the amount from the fund. ATO allows 15% tax must be lodged within 12 offset. Refund can be reduced by outstanding tax months of income year debts and debts owed to other government agencies (e.g. child support agency, Centrelink) Member lodges tax return Excess concessional contributions are $10,000 or ATO credits 100% of excess less; Individual does not ATO determines to member’s excess have previous excess income tax concessional contributions contributions account and amends return on or after 1 July 2011 Must accept offer within SMSF pays 85% ATO notifies 28 days, but ATO can of excess member to contribution to accept allowed longer ATO Must pay within 30 days unless ATO offers release authority defined benefit interest, pension to fund interest or if excess amount exceeds the value of the Interest #top10smsf
  • 7. One-off ECT refund example • Neil (53) earns $100,000 p.a. and salary sacrifices up to his CC cap of $50,000 • Reduced to $25,000 for FY2012-13 • SMSF reports $27,083 at end of income year • SMSF reports to ATO – excess of $2,083 • As the contributions: – Have been made post 1 July 2011; and – Are $10,000 or less; and – Are the first time Toby has breached the cap (since law introduced); and – Tax Return lodged within prescribed period • Commissioner will issue “Notice of Offer” – 28 days to accept / reject the offer #top10smsf
  • 8. One-off ECT refund example • Where Neil accepts the NoO, – Excess contributions become assessable to him personally (amendment to 2012 Individual ITR) – SMSF will be provided with a compulsory ‘release authority’ of 85% of the contribution ($1,770) • Must be paid within 30 days of receiving the release authority along with a release authority statement – Commissioner will amend Toby’s ITR based on excess contributions as assessable income – Income tax, Medicare levy to be deducted from release amount issued to ATO by SMSF • Amounts reduced by 15% tax offset representing tax paid by SMSF – Tax Refund provided back to Neil with amended notice of assessment, unless other Commonwealth debts outstanding #top10smsf
  • 9. One-off ECT refund example • $10,000 excess contributions tax refund limit will not be indexed • If an individual lodges their personal income tax return late (beyond one year after the ITR was due), they forfeit their right to have an offer to release excess concessional contributions – Unless otherwise allowed by the Commissioner; • Where an individual breaches the concessional contribution cap by more than $10,000, there is no refund option available, plus they also lose their ‘once-off’ eligibility as a result of the ECT amount • If member has breached in more than one year before ECT assessment raised, will only be eligible for first year • It is a ‘all or nothing’ approach – there is no ability to request a partial refund of the excess concessional contributions • Where there is insufficient capital in the Fund to pay the compulsory release amount, the amount will be personally assessed to the individual and a tax liability raised #top10smsf
  • 10. Returning contributions • Fund-capped contributions prevent a person from contributing more than the NCC cap • Super funds are required to return single fund- capped contributions that exceed - SISR 7.04(3): – $150,000 if member is age 65 or over on 1 July in a financial year; or – $450,000 if member is less than 65 on 1 July in a financial year • Does not apply across multiple contribution amounts made during a financial year where aggregated are excessive – E.g. John (59) makes NCC of $200,000 + $200,000 + $100,000 in FY #top10smsf
  • 11. Returning contributions • Trust deed may outline how certain contributions could be aggregated – E.g. off-market share transfers made into SMSF on same day • Ineligible contributions – SISR 7.04(4) – 65 and over: work-test has not been met • Both require the contribution to be returned within 30 days of becoming aware of the breach – ATO ID 2009/29: must return even after 30 day time limit – ATO ID 2008/90: only excess amount needs to be returned #top10smsf
  • 12. De-minimus rule • ATO to apply a de-minimus threshold for certain excess non-concessional contributions – Superannuation Consultative Committee – March 2012 • “de minimis non curat lex” - the law does not care about very small matters • ATO likely to no longer raise an ECT liability where NCC cap breached as a result of inadvertent trigger of bring forward rule – i.e. contribution of small value triggered bring forward rule • Individuals can apply to the Commissioner for discretion on case-by-case basis #top10smsf
  • 13. De-minimus example • Geoff (55) is self employed and made $50k self employed super contribution to his SMSF, along with $150k NCC contribution for 2011/12. • In 2012/13, Geoff makes a $450k NCC. • When completing 2012 tax return, Geoff can only claim $49,900 as self employed deduction, meaning $100 is NCC • This triggers the bring forward for 2011/12 ($150,100) • Excess contributions tax payable of $69,797 – ($150,100 + $450,000 - $450,000) x 46.5% = $69,797 • ATO reviewing prior assessments from 1 July 2007 • ATO to allow amounts to be re-contributed into the fund without incurring ECT #top10smsf
  • 14. Strategy 2: CONTRIBUTIONS … TO HAVE AND TO HOLD
  • 15. Contributions Holding Accounts • ATOID 2012/16: Allocation of contributions • Interpretative decision confirms ability to “park” contributions for up to 28 days after the end of month in which contribution made – June contributions can be held-over until following financial year (allocated before 28 July) • Deduction for taxpayer when paid • Tax assessed in year of payment • However, counts towards contribution cap in year amount is allocated to the member – When allocated – gross up by 1.176 • Reserve or suspense account? – SIS & Tax law requirements #top10smsf
  • 16. Contributions Holding Account Example Allocated to member $25,000 Unallocated CC Allocated to member prior to 28 July $50,000 1 June 2012 30 June 2012 28 July 2012 • John (54) has anticipated net capital gain of $100,000 for 2011-12 • Self-employed with no concessional contributions made YTD • Wants to reduce CGT bill as far as possible • John makes $75,000 member deductible contribution into fund • Claims tax deduction for $75,000 | SMSF pays contributions tax of $11,250 • $50,000 allocated 2011-12 | $25,000 allocated 2012-13 #top10smsf
  • 17. Don’t trip up… • NCC amounts must not be ‘fund-capped’, otherwise must be returned – Under 65, >$450,000; over 65, >$150,000 Example Member A makes $600,000 in-specie BRP contribution in June 2012. Trustees resolve to allocate $150,000 before 30 June and balance to be allocated from holding account/reserve before 28 July. ATO view that real property scenario is fund-capped, regardless of intention to allocate over 2 years • No ability to split a single contribution – SISR 7.08(2) requires trustee to allocate “the” contribution Example Same facts as above, buy BRP is $400,000, with $150,000 before 30 June and $250,000 to be allocated before 28 July. ATO takes strict interpretation of wording in SISR 7.08(2) where trustee is required to allocate “the” contribution, and therefore above circumstances not permitted #top10smsf
  • 18. Strategy 3: SMSF “THE BLOCK” & LRBAs
  • 19. POLL: Is this allowable using an LRBA? BEFORE AFTER
  • 20. Allowable using an LRBA? • Commissioner’s views within SMSFR 2012/1 suggest such a transformation would not have created a different asset – Not using borrowings, but fund’s own resources • Acquired asset was residential property; remains residential property, regardless of the significant improvements made – Not rezoned, subdivided, etc. #top10smsf
  • 21. LRBA considerations • Borrow to acquire, repair and maintain but not to improve • Can improve, but only to extent that acquired asset does not become a different asset • Need to determine if the character of the asset as a whole has fundamentally changed – Alterations or additions made to the physical object or the proprietary rights that comprise an asset under an LRBA #top10smsf
  • 22. Different (replacement) asset examples Single acquirable asset Whether it is a different asset(s) Vacant block of land on A vacant block of land is subsequently subdivided single title resulting in multiple titles. One asset has been replaced by several different assets as a result of the subdivision. Vacant block of land on A residential house is built on vacant land which is single title on a single title. The character of the asset has fundamentally changed from vacant land to residential premises. This is a different asset. Residential house & A house is demolished following a fire and is land replaced by three (3) strata titled units. The character of the asset has changed along with the underlying proprietary rights. This has created three different assets. #top10smsf
  • 23. Different (replacement) asset examples Single acquirable Whether it is a different asset(s) asset Residential house A fire destroys a four bedroom house and a new superior residential and land house is constructed on that land using both insurance proceeds and additional SMSF funds. Rebuilding another residential house (regardless of size) does not fundamentally change the character of the asset held under the LRBA. The addition of a garage, for example would also not change the character of the asset. Residential house While each of the following changes would be improvements each and land (or all) of the changes would not result in a different asset: • An extension to add two bedrooms • Addition of a swimming pool • Extension consisting of an outdoor entertaining area • Addition of a garage and driveway • Addition of garden shed Residential house A ‘granny flat’ is to be constructed in the backyard of a property and land which already has a four bedroom residence established on it. The granny flat will have two bedrooms, a family room, a kitchen and bathroom and will be connected to utilities. The character of the asset would remain residential premises and thus the construction of the granny flat would not result in there being a different asset #top10smsf
  • 24. Funding improvements How you can fund any improvements using a LRBA Insurance Proceeds Yes The fund’s cash reserves* Yes Non-related tenant Yes Related party tenant Yes Funds from any other external source Yes • Related party improvements may be classified as a contribution (TR 2010/1) • Beware related party acquisitions of goods and materials not insignificant in value & function • Trustees can not be remunerated unless suitably qualified, licensed and operating a business of building/renovating #top10smsf
  • 25. Strategy 4: BORROWING FOR SMSF PROPERTY DEVELOPMENT
  • 26. Funding improvements • Section 67A & 67B changes from 7 July 2010 have imposed restrictions using LRBAs • ATO SMSFR 2012/1 has provided clarity on: – single acquirable asset, – Repairs, maintaining and improving an asset; and – Where an asset becomes a different asset • ATO ruling confirms that the SMSF can not undertake (breach of s67B): – Capital improvements where it becomes a different asset, including subdivision, rezoning, – Property held over 2 or more titles (e.g. farmland) • What strategies (if any) can be used to address the above? #top10smsf
  • 27. How it works – LRBA with SISR 13.22C trust #top10smsf
  • 28. SISR 13.22C LRBA example • Craig & Alana Jones intend to buy a property with sizeable land to build 3 townhouses • Existing Property & Land purchase is $450,000 • Development cost estimated at $550,000 • Total project = $1,000,000 • They would like undertake the development using their SMSF • How can this be achieved? #top10smsf
  • 29. SISR 13.22C LRBA example 5. SMSF has obligation to make loan repayments (use Issue? contributions?) Jones Property Trust Jones Family Bare (unit trust) Super Fund (Holding) Trust Dist’ns (SMSF) Trust 3. Apply for #1,000,000 @ $1 units Units in Unit Trust Units in in Unit Trust 2. Limited 4. Unit Trust acquires property for Loan $450k; undertakes development Recourse Repayments with additional capital of $550k Loan to SMSF 6. Bank Repayments 1. Redraw $550k Craig & Alana #top10smsf
  • 30. SISR 13.22C LRBA example • Not impossible but unlikely to find a bank that will lend – Only security allowed by lender are the units in the unit trust • ATOID 2010/162 – more favourable terms for the SMSF loan? – What level of interest rate can be charged? • Money should go in ‘upfront’ otherwise may require further bare trust for additional borrowings • Must not breach requirements of SISR 13.22D • What about going over budget? #top10smsf
  • 31. Strategy 5: WHY YOU SHOULD ALWAYS RUN MULTIPLE SMSF PENSIONS
  • 32. Maximising benefit payments • Maximise benefit of locking in the tax-free and taxable components • Why is this important? 1. Greater tax efficiency for pensions under 60 years of age 2. Estate planning benefits • POLL: Do you run multiple pensions? • Create multi-pensions where undertaking recontributions – Ability to elect which interest to draw benefits from • Various strategies including: – Unrestricted Non-preserved monies with TRIS – Market volatility – Asset segregation #top10smsf
  • 33. Impact on UNP with Transition to Retirement • Proportioning rule states that tax-free & taxable components must be taken in proportion to each other – Accumulation: Based on component before lump sum benefit paid – Pension: Proportion determined at commencement of income stream • SIS or Tax Law does not impose any proportioning to preservation components – Can separate unrestricted non-preserved benefits from preserved and restricted benefits • Why? – Priority of cashing benefits – Allocation of fund earnings #top10smsf
  • 34. Impact on UNP with Transition to Retirement • Case Study – Greg (55) has $700,000 account balance within SMSF – Components include preserved $500,000, unrestricted $200,000 – Target pension income of $60,000 p.a. (CPI, 3%) – Access to capital is important to Greg • How do we best structure the pension(s) for Greg? – Do we commence one or more pensions? – Two pensions will allow for Account Based Pension to be commenced with unrestricted non-preserved benefits #top10smsf
  • 35. Impact on UNP with Transition to Retirement $300,000 $800,000 $700,000 $250,000 $600,000 $200,000 $500,000 $150,000 $400,000 $100,000 $300,000 $50,000 $200,000 $- $100,000 55 56 57 58 59 60 Single TRIS TRIS & ABP Balance • Within 4 years, single pension has totally eroded unrestricted benefits • Additional $243,331 of unrestricted benefits available after five (5) years by running separate income stream (ABP)
  • 36. Benefit of multi-pension strategy • Case Study – Ted (60) has recently retired – $1,000,000 balance in SMSF ($200,000 TFC) – Requires $60,000 pension p.a. (CPI – 3%) – Fund earnings at 6% p.a. – Undertakes recontribution strategy of $450,000 • TC = $360,000 + TFC = $90,000 • Should Ted commence one or more pensions? #top10smsf
  • 37. Benefit of multi-pension strategy One pension Multi-pensions Original components include 20% TFC Original components include 20% TFC Post recontribution includes 56% TFC Recontribution creates a new super (44% TC) interest (ABP#2) with 100% TFC ABP#1 commences with recontribution (20% TFC) All earnings and benefits taken must All earnings and benefits to be be applied in proportion to when the applied proportionately income stream commenced (i.e. 56% Choice of above minimum pension TFC / 44% TC) amounts Taxable component balance: Taxable component balance: • After 10 years - $460,223 • After 10 years - $414,930 • After 20 years - $383,733 • After 20 years - $254,318
  • 38. Benefit of multi-pension strategy $700,000 $600,000 $500,000 Tax-free component $400,000 Multi-pension strategy benefit: $300,000 • $45,293 after 10 years $200,000 • $83,751 after 15 years • $129,403 after 20 years $100,000 • $195,411 after 25 years $0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Years Single Pension Multiple Pension #top10smsf
  • 39. How net earning & pension levels influence the strategy Multi-pension strategy benefit after 10 years 10% 9% Estate Planning benefit of 8% $205,804 Net Earnings 7% 6% 5% 4% $50,000 $60,000 $70,000 $80,000 $90,000 $100,000 Pension level $0 -$100,000 $100,000 -$200,000 $200,000 -$300,000 $300,000 -$400,000
  • 40. How net earning & pension levels influence the strategy Multi-pension strategy benefit after 20 years 10% 9% Estate Planning 8% benefit $0 7% 6% 5% 4% $50,000 $60,000 $70,000 $80,000 $90,000 $100,000 $0 -$100,000 $100,000 -$200,000 $200,000 -$300,000 $300,000 -$400,000 $400,000 -$500,000
  • 41. Strategy 6: SIX REASONS FOR RUNNING REVERSIONARY PENSIONS
  • 42. Six reasons for reversionary pensions 1. Continuation of the Fund’s tax exemption 2. Potential for pension benefits to become ‘contaminated’ with taxable component 3. No minimum pro-rata pension required prior to death 4. Can still take a lump sum death benefit payment 5. No change to minimum pension for current financial year 6. Less paperwork #top10smsf
  • 43. Why reversionary? • Commissioner states within TR 2011/D3 that a pension will cease unless: – Reversionary beneficiary included within the original pension terms & conditions; or – A valid binding death benefit nomination existed • ATO view that reversionary must be established at commencement of pension • Any change to add a reversionary is likely to require a full commutation and repurchase • Reliance on a valid BDBN would require very strict requirements in substance and form of nomination #top10smsf
  • 44. Strategy 7: HOW $1 ACCUMULATION ACCOUNT ALLOWS YOU TO CARRY FORWARD A $100K CAPITAL LOSS
  • 45. Exempt current pension income • As part of fund investment strategy, trustees may wish to: – Segregate assets; or – Pool assets (unsegregated) • Segregation can take various forms: Segregated by ‘pool’ of members Asset Asset Member Member A B A B (Pension) (Pension) Member Member Asset Asset Member Member A B C D C D (Accum.) (Accum.) Segregated by Asset All members are in pension phase
  • 46. Asset segregation example • Fred & Wilma are both retired and drawing Account Based Pensions from their SMSF • During 2011-12 financial year have realised several investments which have resulted in capital losses totalling $100,000 • As fund is ‘segregated’ – capital losses are to be disregarded – Section 118-320, ITAA 1997 • If a member decided to roll back part of their income stream to accumulation phase, an actuary certificate would be required using unsegregated method – Section 102-5, ITAA 1997 • Change in method would allow for the capital losses to be carried forward
  • 47. Why is this important? • Carried forward capital losses can be very important in light of the Commissioner’s views expressed within TR 2011/D3: – Failure to complying with pension standards • Loss of fund tax exemption – Death of a member • Pension ceases at death unless automatic reversionary beneficiary #top10smsf
  • 48. Strategy 8: MEETING MINIMUM PENSION AS LUMP SUM
  • 49. Partial Commutationexample Partial commutation example • Amanda (59) has recently retired and has $1,000,000 in accumulation within SMSF • Wishes to commence an Account Based Pension and withdraw $70,000 for the income year Tax Rate Tax Payable Pension payment of $70,000 32.5% $3,797 37.0% $15,400* 45.0% $21,000* The tax amounts shown above do not include any Medicare levy or Medicare levy surcharge, but do include the 15% tax offset available for the pension. * Assumes pension amount is entirely assessable within the respective tax bracket (i.e. pension added to other income taking individual into the marginal tax bracket) #top10smsf
  • 50. Partial Commutationexample Partial commutation example • Ability to use low-rate threshold – $175,000 (2012-13) • Accumulation phase (15%) Fund Tax Tax Payable on $50,000 of Rate fund income $70,000 taken as lump sum 15% $7,500 $70,000 as an income stream 0% $0 • Better to take income stream up to $83,000 of taxable income (incl. Medicare levy) • But, could Amanda have the best of both worlds? #top10smsf
  • 51. Meeting the minimumpension Meeting the minimum pension • Yes she can • TR 2011/D3 confirms that where Amanda elects to take a lump sum via a partial commutation, the: – Income stream benefit still exists (no cessation) – The payment is a super lump sum for income tax purposes and lump sum for SIS purposes – All payments from Account Based Pension count towards minimum pension requirements as a result of commutation (unless to rollover) • Amount can be in cash or in-specie Strategy can also apply for 60 and over members E.g. Moving into higher pension % brackets not requiring income; can make in-specie benefit payments to meet minimum pension
  • 52. Strategy 9: OPTIMISING PENSIONS WITHIN A VOLATILE INVESTMENT MARKET
  • 53. Benefiting from a poor investment market Downward investment market example • Arthur drawing an Account Based Pension with an account balance of $1,000,000 at 30 June 2011 – Includes 50% Tax-Free proportion • Poor share market performance shows portfolio decreased to $800,000 – dropped 20% in 2 months • Do nothing = benefits reduce proportionately from commencement of income stream – $400k TFC / $400k TC • Is there an alternative solution for Arthur? #top10smsf
  • 54. Benefiting from a poor investment market Benefiting from a poor investment market • Full commutation at 30 June 2011 = $500,000 TFC / $300k TC – NB. Not 1 July otherwise, pro-rata minimum (1/365th) pension required to be withdrawn • Commence new income stream from 1 September 2011 – 62.5% tax-free proportion Accumulation Pension Phase Tax-free component $500,000 $400,000 Taxable component $300,000 $400,000 Account Balance $800,000 $800,000 • Result = 12.5% improvement in tax-free component – Under age 60: reduced Arthur’s taxable income – 60 years & over: improved tax on lump sum death benefit when paid to non-dependant #top10smsf
  • 55. Benefiting from a poor investment market Benefiting from a poor investment market • Opportunity Cost = 2/12ths tax exemption for financial year – @ 4% Fund income = $6,667 share of income x 15% = $1,000 tax INCOME TAX (less than 60 years) No change Commutation & Pension Reset Taxable proportion Pension $25,000 $18,750 Tax Payable (ex. Medicare levy) $0 $0 After tax pension $50,000 $50,000 Super Fund Tax (15%) $0 $1,000 Total Tax $0 $1,000 ESTATE PLANNING No change Commutation & Pension Reset Account Balance $628,380 $628,380 Taxable Component $314,190 (50%) $235,643 (37.5%) Non-dependant death benefit (16.5%) $51,841 $38,881
  • 56. Strategy 10: ANTI-DETRIMENT, RECONTRIBUTION OR BOTH?
  • 57. Anti-detriment or recontribution? Anti-detriment recontribution? • TR 2011/D3 has highlighted taxation issues with super death benefits from: – Lump Sum death benefit to non-tax dependants; and – Capital Gains Tax (CGT) within the SMSF • Recontribution ‘window’ typically 60 - 64 years of age – Can extend beyond 65 if ‘work test’ is met #top10smsf
  • 58. Example Example • John (62) is retired and sole remaining member of SMSF • $450,000 balance made up entirely of taxable component • 2 x Adult children (independent) • Death benefit nomination indicates to be paid equally • Should John consider undertaking a recontribution strategy or look to fund an anti-detriment payment? – $74,250 lump sum tax saving with recontribution (i.e. $450,000 x 16.5%) – What about CGT within the fund? $200,000 of unrealised capital gains? #top10smsf
  • 59. Example (cont.) Anti-detriment Recontribution Account Balance on death $450,000 $450,000 Tax-free component $0 $450,000 Taxable component $450,000 $0 Anti-detriment payment* $63,643 $0 Total death benefit $513,643 $450,000 Tax-Free Component $0 $450,000 Taxable Component $513,643 $0 Tax on death benefit ($84,751) $0 Capital Gains Tax $0** ($20,000) Excess Contributions Tax*** $0 $0 Net benefit $428,892 $430,000 John’s ESP is 1 July 1971, with date of death benefit payment 31 March 2012 * Calculated in accordance with ATOID 2007/219 ** Provides a carried forward tax loss, subject to other fund income ($224,287) *** ECT ignored but could apply due to reserve transfer and concessional contribution cap limitation
  • 60. Example (cont.) • Anti-detriment payment creates a $424,287 tax deduction for SMSF – Unrealised capital gain of $200,000 • Becomes a future tax benefit for adult children, but will they use it? • Is there an optimal outcome? #top10smsf
  • 61. Example (cont.) Anti-detriment Recontribution Both Account Balance on death $450,000 $450,000 $450,000 Tax-free component $0 $450,000 $237,880 Taxable component $450,000 $0 $212,120 Anti-detriment payment* $63,643 $0 $30,000 Total death benefit $513,643 $450,000 $480,000 Tax-Free Component $0 $450,000 $237,880 Taxable Component $513,643 $0 $242,120 Tax on death benefit ($84,751) $0 ($39,950) Capital Gains Tax $0 $20,000 $0 Excess Contributions Tax** $0 $0 $0 Net benefit $428,892 $430,000 $440,050 • 2.21% effective tax rate on fund income and death benefit
  • 62. My Top10 SMSF strategies for 2012-13 1. Use the ‘get out of jail free’ cards for ECT 2. Contribution holding accounts to manage ECT and ‘double dip’ 3. Property improvements using LRBAs 4. Property development with LRBAs & SISR 13.22C trusts 5. Almost always run multi-pensions 6. Six reasons to have reversionary pensions 7. How a $1 account balance can allow carry forward capital losses of $100,000 8. Taking minimum pension as lump sum 9. How to take advantage of strategies in a volatile investment market 10. Anti-detriment or recontribution or both? #top10smsf
  • 63. eBook and Webinar recording A copy of the webinar recording and eBook are available at www.thesmsfacademy.com.au
  • 64. Thank You www.thesmsfacademy.com.au twitter.com/thesmsfacademy facebook.com/thesmsfacademy youtube.com/thesmsfacademy