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55 No Longer Target Age for Transition to Retirement Pension Strategy


Tax Free Pension

The milestone for when you reach preservation age and can access your super is now starting to change. The gradual move from 55 – 60 for access to Superannuation has begun.

If you are already over 55 then you can ignore this blog and you should be reading Understanding transition to retirement pensions

If you are over 59 and not in a Transition to Retirement pension then you really need to read this article Aged 59 – 64 and not on a Transition to Retirement Pension – SHAME ON YOU

For those approaching 55, listen up! As we approach 1 July 2015, we encourage you to check if you have met your preservation age requirements prior to planning for the new tax year. You may finally be able to make the most of the superannuation and tax systems and open up some lifestyle options for yourself like reducing work hours or pursuing an alternative career while maintaining a steady income stream.

However if you have not met your preservation age, you may not be able to:

  • open a Transition to Retirement (still working) or Account Based (met other condition of release) Pension Plan account;
  • withdraw a lump sum super amount (fully retired); or
  • process a contributions splitting request.
From 1 July 2015, your preservation age can range between 55 and 60 years of age, depending on your date of birth. 
Your preservation age is determined using the following table:
Date of Birth Preservation Age Preservation age reached in year:
Before 1 July 1960 55 2014-15
1 July 1960 – 30 June 1961 56 2016-17
1 July 1961 – 30 June 1962 57 2018-19
1 July 1962 – 30 June 1963 58 2020-21
1 July 1963 – 30 June 1964 59 2022-23
 After 30 June 1964 60 2024-25

Using a Transition to Retirement Pension means you can move your funds to Tax Free earnings phase, draw a tax efficient pension and use salary sacrifice at the same time to build a bigger nest egg for retirement. All without reducing your net take home pay! The other option is to use the TTR to reduce your working hours and supplement your lower earnings with a small pension and really transition to your retirement as the strategy intended.

Either way if you are over or approaching your retirement age then speak to a well rated financial adviser as there are a number of very clever strategies around pensions, tax and debt recycling that they can use for you now that you are UNPRESERVED!

Are you looking for an adviser that will keep you up to date and provide guidance and tips like in this blog? Then why now contact me at our Castle Hill or Windsor office in Northwest Sydney to arrange a one on one consultation. Just click the Schedule Now button up on the left to find the appointment options.

Liam Shorte B.Bus SSA™ AFP

Financial Planner & SMSF Specialist Advisor™

SMSF Specialist Adviser 

 Follow SMSFCoach on Twitter Liam Shorte on Linkedin NextGen Wealth on Facebook   

Verante Financial Planning

Tel: 02 98941844, Mobile: 0413 936 299

PO Box 6002 BHBC, Baulkham Hills NSW 2153

5/15 Terminus St. Castle Hill NSW 2154

Corporate Authorised Representative of Viridian Select Pty Ltd ABN 41 621 447 345, AFSL 51572

This information has been prepared without taking account of your objectives, financial situation or needs. Because of this you should, before acting on this information, consider its appropriateness, having regard to your objectives, financial situation and needs. This website provides an overview or summary only and it should not be considered a comprehensive statement on any matter or relied upon as such.

Image courtesy of Stuart Miles at FreeDigitalPhotos.net

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by SMSF Coach - Liam Shorte on April 1, 2015  •  Permalink
Posted in Pension Strategies, Tax Planning
Tagged Account Based Pension, Baulkham Hills, Cash rate, Castle Hill, Change of trustee, chnage of SMSF Trustee, Cost of Living, DIY Super, Dural, Government, Hawkesbury, income, income planning, Interest Rates, Investment, Office of State Revenue, OSR, Preservation age, rate cuts, RBA, RBA cash rate, Retirement, Retirement Planning, Salary Sacrifice, Self Managed Superannuation Fund, SMSF, SRO, Stamp Duty, Strategy, superannuation, Transition to Retirement, TRIS, TTR, TTRAP

Posted by SMSF Coach - Liam Shorte on April 1, 2015

https://smsfcoach.com.au/2015/04/01/55-no-longer-target-age-for-transition-to-retirement-pension-strategy/

How to Qualify for the Commonwealth Seniors Health Card


Commonwealth Seniors Health Card

Deeming Rates have changed again and so that makes it a little easier to access the Commonwealth Seniors Heath Card (CSHC) so I thought I should revisit the way you can access this valuable benefit.

A key change to legislation that commenced on 1 January 2015 impacts the Commonwealth Seniors Heath Card (CSHC) Income Test. Previously the Income Test only looked at a person’s adjusted taxable income, however the new rules include deemed income from account-based income streams. This may mean higher assessable income for some, making them ineligible for the card. For others, it may mean the loss of the card under certain situations from 1 January 2015.

It is important that SMSF Trustees and Self Funded Retirees in general understand how these new rules work and how they can impact them in different scenarios so that appropriate adjustments can be made to their strategies where necessary.

So here in this guide, we look at the rules around the CSHC as they apply from 1 January 2015 and the implications on different client situations. We will also explore options available to those effected from 1 January 2015 that can help them obtain or retain the card.

The benefits

The CSHC is designed to assist eligible self-funded retirees with certain medical and prescription costs. A summary of these concessions and other benefits available to card holders are as follows:

  • prescription medicines at concessional rates through the Pharmaceutical Benefits Scheme (PBS)
  • access to PBS prescriptions, generally without charge, for the remainder of the calendar year after reaching the PBS Safety Net
  • bulk-billed doctor (GP) appointments, at the discretion of the GP (the Australian Government provides financial incentives for GPs to bulk-bill concession card holders)
  • tax-free energy supplement1 of $366.60 per annum for singles and $275.60 per annum for each member of a couple
  • tax-free seniors supplement2 of $886.60 per annum for singles and $668.20 per annum for each member of a couple
  • concessional travel on Great Southern Rail services (the Indian Pacific, the Ghan and the Overland)
  • other concessions offered by local governments and private businesses at their own discretion. These concessions vary between states and territories.

Eligibility

With the exception of the Income Test, eligibility for the CSHC has largely remained unchanged. To qualify for the card a person must:

  • have reached the qualifying age for the Age Pension (currently 65 for men and women) or Department of Veterans’ Affairs (DVA) Service Pension (currently 60 for veterans and 65 for non-veterans)
  • be an Australian citizen, a holder of a permanent visa, or a Special Category Visa holder and meet other residence requirements
  • reside in Australia
  • not be receiving a Centrelink pension or benefit, a DVA Service Pension or Income Support Supplement
  • meet the requirements of an Income Test (there is no Asset Test when determining eligibility for the card)
  • provide their tax file number.

Applicants are required to be in Australia at the time of claim, however once received, card holders can travel outside Australia temporarily without having their card cancelled providing the period of absence is less than 19 weeks. This will be particularly important for those who wish to retain grandfathering on their account- based income streams (discussed further under the grandfathering provisions section).

The Income Test

From 1 January 2015, the Income Test assesses both a person’s ATI and deemed income from account-based income streams that are not grandfathered.

A person will satisfy the Income Test if their ATI plus deemed income from their account-based income stream is below the relevant income threshold.

Income thresholds

The income thresholds are indexed on 20 September each year and are currently:

Table 1: CSHC income thresholds applying from 20 September 2014 to 19 September 2015

Single Couple (combined) Couple separated by illness (combined)
$51,500 $82,400 $103,000

These income limits are increased by $639.60 for each dependent child in the person’s care.

Adjusted taxable income (ATI)

Adjusted taxable income is the sum of:

  • taxable income
  • reportable superannuation contributions (salary sacrifice, personal deductible and additional employer contributions)
  • total net investment losses (including net rental property losses)
  • target foreign income (income and certain other amounts from sources outside Australia that are not included taxable income or received as a fringe benefit), and
  • employer provided fringe benefits.

For many people applying for the CSHC, the most important component of their ATI is their taxable income. However, there are circumstances where the other components of their ATI may be important such as where the person claiming the CSHC or their spouse is still working (e.g. on a part-time basis).

To verify the person’s income, Centrelink/DVA will generally require their tax return and/ or tax notice of assessment for the financial year prior to the year of claim. In situations where the person does not complete annual tax returns, Centrelink/DVA will request other documentation to verify the person’s ATI.

For example, where a person only receives tax-free income from an account-based pension and does not complete an annual tax return, Centrelink/DVA will request their latest superannuation statement to work out deemed income (see the following section on deemed income for further information).

For others, an estimate of their income as opposed to their tax return can be used. This is where they are able to demonstrate a change in their personal circumstances, such as retirement and ill-health, which would cause their income to be significantly different to their tax return.

Managing adjusted taxable income

Where a person is expected to exceed the CSHC income threshold for a particular income year, and where they have significant ATI, a few options that may help bring them back below the threshold include:

  • investing in an insurance/investment bond as earnings are internally taxed at a maximum rate of 30% and are not included in a person’s assessable income for tax purposes
  • investing in a non-account-based non-superannuation term or lifetime annuity that has a deductible amount for tax purposes
  • setting up a family trust and distributing income to other beneficiaries
  • invest in growth assets instead of income producing investments
  • deferring and/or spreading realised capital gains across multiple income years.

Deemed income

From 1 January 2015, account-based income streams will be deemed and included as part of the CSHC Income Test unless grandfathering provisions apply. Where grandfathering does not apply to the account-based income stream, the entire account balance will be used to work out deemed income.

It is important to note that deemed income is in addition to ATI; meaning a person with no ATI (e.g. a retiree with no other income apart from tax-free income from an account-based pension) may still be ineligible for the card if their account-based income streams have large account balances. The table below shows the amount required in account-based income streams to have deemed income exceed the relevant CSHC income threshold (assuming no ATI). It also highlights how this amount changes from 20 March 2015 and if deeming rates were to rise to 3% and 4.5%.

Table 2: Total account-based income stream balance that would exceed the CSHC income threshold

Applicants are: Deeming rates as at 20 March 20151.75% and 3.25% If deeming rates are 3% and 4.5%
Single $1,606,770 $1,160,445
Couple $2,572,124 $1,857,645
Couple separated by illness $3,205,970 $2,315,423

Also worth noting is that, unlike deeming of financial investments for social security pensions (although the same deeming rates and thresholds are used), only the account-based income stream will be deemed i.e. other financial assets are not deemed under the CSHC Income Test.

If you want to know current thinking on the amount needed for a comfortable retirement then read my earlier article How much do I need to live comfortably in retirement?

Feel you are falling behind? Then read 10 Tips For Salvaging Your Retirement Plans and then contact me for personal advice.

Are you looking for an advisor that will keep you up to date and provide guidance and tips like in this blog? then why now contact me at our Castle Hill or Windsor office in Northwest Sydney to arrange a one on one consultation. Just click the Schedule Now button up on the left to find the appointment options.

Liam Shorte B.Bus SSA™ AFP

Financial Planner & SMSF Specialist Advisor™

SMSF Specialist Adviser 

 Follow SMSFCoach on Twitter Liam Shorte on Linkedin NextGen Wealth on Facebook   

Verante Financial Planning

Tel: 02 98941844, Mobile: 0413 936 299

PO Box 6002 BHBC, Baulkham Hills NSW 2153

5/15 Terminus St. Castle Hill NSW 2154

Corporate Authorised Representative of Viridian Select Pty Ltd ABN 41 621 447 345, AFSL 51572

This information has been prepared without taking account of your objectives, financial situation or needs. Because of this you should, before acting on this information, consider its appropriateness, having regard to your objectives, financial situation and needs. This website provides an overview or summary only and it should not be considered a comprehensive statement on any matter or relied upon as such.

-33.732819 151.004960

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5 Comments
by SMSF Coach - Liam Shorte on March 20, 2015  •  Permalink
Posted in Centrelink, CHSC, Retirement Planning
Tagged Account Based Pension, Baulkham Hills, Cash rate, Castle Hill, Centrelink, CHSC, Commonwealth Seniors Heath Card, Cost of Living, deeming, DIY Super, Dural, Government, Hawkesbury, income, income planning, Interest Rates, rate cuts, RBA, RBA cash rate, Retirement, Retirement Planning, Self Managed Superannuation Fund, SMSF, Strategy, superannuation

Posted by SMSF Coach - Liam Shorte on March 20, 2015

https://smsfcoach.com.au/2015/03/20/how-to-qualify-for-the-commonwealth-seniors-health-card/

Stamp Duty on Transfers of Property to an SMSF


Immediately after I published my last blog Stamp Duty Requirements on Change of SMSF Trustees I got questions on stamp duty on property transfers to a Self Managed Superannuation Fund. At first I attempted to the answers myself but to ensure ongoing accuracy I am pleased to have Caroline Harley, one of the best lawyers in the SMSF sector review and update this information.

caroline-harley

Caroline Harley | Special Counsel

So here is the current breakdown on stamp duty for property investors or small business owners looking to move property they own personally in to their SMSF.

Stamp duty imposed by State and Territory governments should always be researched and considered before transferring land to an SMSF. Concessions or exemptions from duty may be available depending on the State or Territory in which the land is situated.

This concession can be very significant.  If the SMSF purchases NSW land/property from a member with a market value of $500,000, the duty which would apply (but for the concession) is $17,990.  With the concession, the saving in duty is $17,240 as concessional duty is only $750.

Reminder:  the land/property must be business real property owned in the personal name of the member rather than a company (otherwise the trustee would not be permitted to acquire the real estate).

The provisions of the duties legislation of each State or Territory differ, however where concessions or exemptions are available they generally require the transferor to continue to be the beneficial owner of the land (this relates to business real property as it is the only land which an SMSF may directly acquire from a member).

The following tables set out the details of the stamp duty offices and relevant provisions of the relevant legislation in each State and Territory. This is up to date as at 27 February 2017.

NSW Transfer to a SMSF
Duty payable $750 subject to conditions being met. Previously $500 but increased 01/02/2024. Depending on the documentation in place for the transaction you may be able to apply for a retrospective re-assessment and obtain a refund. An SMSF specialist lawyer would be able to advise you on this.
Relevant provisions 62A NSW Duties Act 1997
General description of legislation Nominal duty is charged on a transfer of dutiable property from a person to a trustee of an SMSF where the: transferor is the only member of the super fund or the property is to be held by the trustee solely for the benefit of the transferor (ie property or proceeds of sale of property cannot be pooled with property held for another member and no other member can obtain an interest in the property or proceeds of sale); and property is to be used solely for the purpose of providing a retirement benefit to the transferor.
Document-ation Evidence that it is a complying SMSF as at the date of the agreement/transfer, copy of minutes of meetings of the SMSF stating the intention to have the property transferred to it and confirming that the property was owned beneficially by the transferor member, copy of the SMSF trust deed or a variation to it, showing a non revocable clause that the property is segregated for the transferor member’s benefit only (follows wording in section62A(2))
Legislation Duties Act 1997 (NSW)
Legislation website http://www.austlii.edu.au/au/legis/nsw/consol_act/da199793/
Office Office of State Revenue
Website http://www.osr.nsw.gov.au

Stamp Duty NSW + VIC

VIC Transfer to a super fund
Duty payable No duty subject to conditions being met
Relevant provisions Section 41 Vic Duties Act 2000
General description of legislation No duty is charged in respect of the transfer of dutiable property made without monetary consideration to a trustee of a super fund, where there is no change in beneficial ownership (again, property must be held in the personal name of the member and not a company name). A transfer of property to a trustee of a super fund by a beneficiary of the fund does not, for the purposes of this section, effect a change in the beneficial ownership of the property.
Document-ation Documents are required – refer to ‘Evidentiary Requirements for Dutiable and Exempt Transactions’ on SRO website
Legislation Duties Act 2000 (VIC)
Legislation website http://www.austlii.edu.au/au/legis/vic/consol_act/da200093/
Office State Revenue Office (SRO)
Website http://www.sro.vic.gov.au/land-transfer-duty
No luck in QLD

No luck in QLD

QLD Transfer to a super fund
Duty payable $20 subject to conditions being met
Relevantprovisions You can claim this concession on transfer duty if you:

  • transfer dutiable property between superannuation funds to merge or split the funds
  • create a trust of dutiable property because of the variation or reconstitution of a superannuation fund. (Read more about transfer duty on trusts.)

The superannuation fund must become a complying superannuation fund within 1 year.

A complying superannuation fund is:

  • a complying superannuation fund under the Superannuation Industry (Supervision) Act 1993 (Cwlth), section 42 or 42A
  • an exempt public sector superannuation scheme under that Act.
General desc-riptionof legislation A transfer of dutiable property is a concessional dutiable transaction.
Document-ation Duties office form and documents are required. https://www.publications.qld.gov.au/ckan-publications-attachments-prod/resources/755a8bd9-7134-4a5f-85e7-a54c747ec7bd/form-d2.6-v2-effective-7-jan-2008.pdf?
Legislation Duties Act 2001 (QLD)
Legislationwebsite http://www.austlii.edu.au/au/legis/qld/consol_act/da200193/
Office Office of State Revenue
Website http://www.osr.qld.gov.au/duties/index.shtm l
WA Transfer to a super fund
Duty payable $20
Relevant provisions Sections 122 – 124 WA Duties Act 2008
General description of Legislation Nominal duty is charged on a transfer of dutiable property by a person to the trustee of a super fund where –
▪    there is consideration for the transfer; and
▪    only the transferor can be a member of the super fund or the property is held in the superfund specifically for the transferor (ie property cannot be pooled with the assets of another member and no other members can obtain an interest in the property); and
▪    the property (or if sold, the proceeds) can only be held in the superannuation fund to be provided to the transferor as a retirement benefit.
If the fund subsequently fails to satisfy any of the requirements (above) full stamp duty is payable in respect of any dutiable property still held.
Nominal duty is charged under section 124 in respect of a transfer of dutiable property to the trustee of an SMSF that is an employer sponsored fund where –
there is no consideration for the transfer.
Document- ation Application form is required – ‘Superannuation Fund Transactions – Application for Nominal Duty’.
Legislation Duties Act 2008 (WA) Also refer to Duties Fact Sheet – Superannuation Transactions
Legislation website http://www.austlii.edu.au/au/legis/wa/consol_act/da200893/
Office Office of State Revenue
Website http://www.finance.wa.gov.au/cms/section.aspx?id=209
ACT Transfer to a super fund
Duty payable Ad valorem duty applies
Relevant provisions No provision for exemption or concession from duty
General description     of legislation Duty is charged on a transfer of dutiable property.
Document-ation Lodgement form and documents are required.
Legislation Duties Act 1999 (ACT)
Legislation website http://www.austlii.edu.au/au/legis/act/consol_act/da199993/
Office ACT Revenue Office
Website http://www.revenue.act.gov.au
SA Transfer to a super fund
Duty payable Ad valorem duty applies
Relevant provisions No provision for exemption or concession from duty
General description of legislation A transfer of property to a person who takes as trustee is deemed to be conveyance whether or not any consideration is given (except in certain circumstances regarding the transfer   of family farming properties)
Document-ation Lodgement form and documents are required
Legislation Stamp Duties Act 1923 (SA)
Legislation website http://www.austlii.edu.au/au/legis/sa/consol_act/sda1923157/
Office Revenue SA
Website http://www.revenuesa.sa.gov.au
NT Transfer to a super fund
Duty payable Ad valorem duty applies
Relevant provisions No provision for exemption or concession from duty
General description of legislation A conveyance of dutiable property is a dutiable instrument.
Document-ation Lodgement form and documents are required
Legislation Stamp Duty Act (NT)
Legislation website http://www.austlii.edu.au/au/legis/nt/consol_act/sda151/
Office Territory Revenue Office
Website http://www.treasury.nt.gov.au
TAS Transfer to a super fund
Duty payable $50
Relevant provisions Section 49 Duties Act 2001 (TAS)
General description of legislation Where the duties office is satisfied there is no change in the beneficial ownership of the property duty chargeable on the transfer is $50. Also an exemption is available in certain circumstances regarding the transfer of primary production land.
Document-ation For primary production see ‘Documentary Evidence requirements Guideline’, for other transfers duties office reviews each transfer on its own facts recommend seeking confirmation of eligibility prior to lodgement.
Legislation Duties Act 2001 (TAS)
Legislation website http://www.austlii.edu.au/au/legis/tas/consol_act/da200193/
Office State Revenue Office
Website http://www.sro.tas.gov.au

If you don’t get an exemption the the rates applicable are:

IMG_0582

Moving Property to an SMSF is not something to be done lightly without looking at the pros and cons as well as the procedures in your state or territory.

We have design a 3 part guide to buying a property in an SMSF

  • Property through super in a SMSF – Part 1: Background
  • Property through super in a SMSF – Part 2: The Process
  • Property through super in a SMSF – Part 3: 20 most common mistakes

Even more information and complimentary strategy ideas are available on our Property in a SMSF page. Contact Caroline for specific legal advice on your proposed strategy.

IMPORTANT

This information is current as at the date of publication but may be subject to change. This article is general in nature and has been prepared without taking into account a potential your objectives, financial situation or needs. Before making a recommendation based on this article, seek personal legal and tax advice and consider its appropriateness based on the your objectives, financial situation and needs.

Are you looking for an advisor that will keep you up to date and provide guidance and tips like in this blog? Then why now contact me at our Castle Hill or Windsor office in Northwest Sydney to arrange a one on one consultation. Just click the Schedule Now button up on the left to find the appointment options.

Liam Shorte B.Bus SSA™ AFP

Financial Planner & SMSF Specialist Advisor™

SMSF Specialist Adviser 

 Follow SMSFCoach on Twitter Liam Shorte on Linkedin NextGen Wealth on Facebook   

Color logo with background smaller

Tel: 02 9899 3693, Mobile: 0413 936 299

  • PO Box 6002 NORWEST NSW 2153
  • Suite 40, 8 Victoria Ave, Castle Hill NSW 2154
  • Suite 4, 1 Dight St., Windsor NSW 2756

Corporate Authorised Representative of Viridian Advisory Pty Ltd ABN 34 605 438 042, AFSL 476223

This information has been prepared without taking account of your objectives, financial situation or needs. Because of this you should, before acting on this information, consider its appropriateness, having regard to your objectives, financial situation and needs. This website provides an overview or summary only and it should not be considered a comprehensive statement on any matter or relied upon as such.

Image courtesy of jscreationzs at FreeDigitalPhotos.net

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by SMSF Coach - Liam Shorte on March 12, 2015  •  Permalink
Posted in LRBA, Property, SMSF Management, Trustee
Tagged Account Based Pension, Baulkham Hills, Cash rate, Castle Hill, Change of trustee, chnage of SMSF Trustee, Cost of Living, DIY Super, Dural, Government, Hawkesbury, income, income planning, Interest Rates, Investment, LRBA, Office of State Revenue, OSR, rate cuts, RBA, RBA cash rate, Retirement, Retirement Planning, Self Managed Superannuation Fund, SMSF, SMSF property, SRO, Stamp Duty, Strategy, superannuation, transferring property

Posted by SMSF Coach - Liam Shorte on March 12, 2015

https://smsfcoach.com.au/2015/03/12/stamp-duty-on-transfers-of-property-to-an-smsf-as-at-01-jan-2015/

Stamp Duty Requirements on Change of SMSF Trustees


Don’t you just love dealing with different sets of State and Territories legislation when dealing with property. I recently went through a whole strategy with a client before they told me that the property was in a different state and I had to start again as the rules were different in that state.

Stamp Duty NSW + VIC

As someone who highly recommends the use of a Corporate Trustee for SMSFs I thought it would be handy to provide a guide to the various state and territory stamp duty provisions when changing trustees.

The following tables set out the contact details for the stamp duty offices and provisions of the relevant legislation in each State and Territory. Please make sure to check that they are still current with your legal and tax advisers before changing trustees. I remind you yet again that this is General Information only.

In summary the amount of duty payable on the appointment of a new trustee and resignation of a  current trustee is:

 NSW:    Duty of $50 payable

VIC:      No duty payable

WA:      Duty of $20 payable

SA:       No duty payable

QLD:     No duty payable

TAS:     Duty of $50 payable

ACT:     Duty of $20 payable

NT:       No duty payable

 DETAIL

NSW Change of trustees
Duty payable $50
Relevant provisions Section 54 (2A) NSW Duties Act 1997
General description of legislation Duty is charged in respect of a transfer of dutiable property to a trustee of a self managed superannuation fund as a consequence of the retirement of a trustee or the appointment of a new trustee.
Documentation No form required. Cover letter including background to the transaction and return address.Client identification required: Individuals – certified copy of document proving date of birth. Companies – ABN/ACN
Legislation Duties Act 1997 (NSW)
Legislation website http://www.osr.nsw.gov.au
Office Office of State Revenue
Website http://www.osr.nsw.gov.au
VIC Change of trustees
Duty payable Not dutiable
Relevant provisions Section 33 Vic Duties Act 2000
General description of legislation No duty is chargeable in respect of a transfer of dutiable property to a trustee of a complying super fund solely because of the retirement of a trustee or the appointment of a new trustee.
Documentation Refer to ‘Evidentiary Requirements for Dutiable and Exempt Transactions’ on SRO Website.
Legislation Duties Act 2000 (VIC)
Legislation website http://www.legislation.vic.gov.au
Office State Revenue Office (SRO)
Website http://www.sro.vic.gov.au
WA Change in trustees
Duty payable $20
Relevant provisions Section 119 WA Duties Act 2008
General description of legislation Nominal duty is chargeable on a transfer of dutiable property to a trustee as a consequence of the retirement of a trustee or the appointment of a new trustee (if the transfer does not confer an interest in trust property to any other person to the detriment of the beneficial interest of any person).
Documentation Refer to ‘Duties Information Requirements’ – change of trustee.
Legislation Duties Act 2008
Legislation website http://www.slp.wa.gov.au/legislation/statutes.nsf/default.html
Office Office of State Revenue
Website http://www.finance.wa.gov.au/cms/section.aspx?id=209
SA Change in trustees
Duty payable Not dutiable
Relevant provisions Section 71(5)(d) SA Duties Act 1923
General description of legislation A conveyance of property for the purpose of effecting the retirement of a trustee or the appointment of a new trustee is exempt from duty, where the beneficial interest of any beneficiaries of the trust has not changed.
Documentation Application for Opinion form and document that conveys land to new trustee (is stamped as exempt).
Legislation Stamp Duties Act 1923 (SA)
Legislation website http://www.revenuesa.sa.gov.au/services-and-information/legislation.html
Office Revenue SA
Website http://www.revenuesa.sa.gov.au
QLD Change of trustees
Duty payable Not dutiable
Relevant provisions Section 117
General description of legislation Transfer duty is not imposed on a dutiable transaction for the sole purpose of giving effect to a change of trustee (where the interests of beneficiaries do not change and transfer duty has been paid on all trust acquisitions for which transfer duty is imposed for the trust before the transaction).
Documentation Must be stamped. Lodgement form and statutory declaration required.
Legislation Duties Act 2001 (QLD)
Legislation website http://www.legislation.qld.gov.au/OQPChome.htm
Office Office of State Revenue
Website http://www.osr.qld.gov.au/duties/index.shtml
TAS Change in trustees
Duty payable $50
Relevant provisions Section 37 TAS Duties Act 2001
General description of legislation Duty of $50 is charged in respect of a transfer of dutiable property to a special trustee as a consequence of the retirement of a trustee or the appointment of a new trustee. Special trustee includes the trustees of a superannuation fund.
Documentation See ‘Documentary Evidence Requirements Guideline’
Legislation Duties Act 2001 (TAS)
Legislation website http://www.thelaw.tas.gov.au
Office State Revenue Office
Website http://www.sro.tas.gov.au
ACT Change in trustees
Duty payable $20
Relevant provisions Section 54(4)
General description of legislation Nominal duty is charged for the transfer of dutiable property to a person as a consequence of the retirement of a trustee or the appointment of a new trustee for a self managed superannuation fund.
Documentation  Conveyance lodgement form Memorandum of transfer – Form52T Change of trustee deed Evidence that the property was purchased by the fund
Legislation Duties Act 1999 (ACT)
Legislation website http://www.revenue.act.gov.au/legislation/
Office ACT Revenue Office
Website http://www.revenue.act.gov.au
NT Change in trustees
Duty payable Not dutiable
Relevant provisions Schedule 2, Exemption 6
General description of legislation A conveyance that is made solely for the purpose of effecting the appointment of a new trustee on the retirement of a trustee or as an additional trustee if – no beneficial interest passes in the property conveyed; and no change of beneficial interest occurs as a result of the transaction; and the property conveyed was acquired by the retiring trustee or existing trustee in the capacity of trustee by virtue of an instrument that was stamped or was exempt from duty.

(This rewritten stamp duty provision refers to ‘a discretionary trust’ however the application of the provision remains the same as Item 9A of the repealed Stamp duty Act – which referred to a trust.)

Documentation Refer to ‘Stamp Duty Lodgement Guide’
Legislation Stamp Duty Act (NT)
Legislation website http://www.treasury.nt.gov.au
Office Territory Revenue Office
Website http://www.treasury.nt.gov.au

IMPORTANT

This information is current as at the date of publication but may be subject to change. This article is general in nature and has been prepared without taking into account a potential your objectives, financial situation or needs. Before making a recommendation based on this article, seek personal legal and tax advice and consider its appropriateness based on the your objectives, financial situation and needs.

Are you looking for an advisor that will keep you up to date and provide guidance and tips like in this blog? Then why now contact me at our Castle Hill or Windsor office in Northwest Sydney to arrange a one on one consultation. Just click the Schedule Now button up on the left to find the appointment options.

Liam Shorte B.Bus SSA™ AFP

Financial Planner & SMSF Specialist Advisor™

SMSF Specialist Adviser 

 Follow SMSFCoach on Twitter Liam Shorte on Linkedin NextGen Wealth on Facebook   

Verante Financial Planning

Tel: 02 98941844, Mobile: 0413 936 299

PO Box 6002 BHBC, Baulkham Hills NSW 2153

5/15 Terminus St. Castle Hill NSW 2154

Corporate Authorised Representative of Viridian Select Pty Ltd ABN 41 621 447 345, AFSL 51572

This information has been prepared without taking account of your objectives, financial situation or needs. Because of this you should, before acting on this information, consider its appropriateness, having regard to your objectives, financial situation and needs. This website provides an overview or summary only and it should not be considered a comprehensive statement on any matter or relied upon as such.

Image courtesy of jscreationzs at FreeDigitalPhotos.net

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4 Comments
by SMSF Coach - Liam Shorte on March 9, 2015  •  Permalink
Posted in SMSF Management, Trustee
Tagged Account Based Pension, Baulkham Hills, Cash rate, Castle Hill, Change of trustee, chnage of SMSF Trustee, Cost of Living, DIY Super, Dural, Government, Hawkesbury, income, income planning, Interest Rates, Investment, Office of State Revenue, OSR, rate cuts, RBA, RBA cash rate, Retirement, Retirement Planning, Self Managed Superannuation Fund, SMSF, SRO, Stamp Duty, Strategy, superannuation

Posted by SMSF Coach - Liam Shorte on March 9, 2015

https://smsfcoach.com.au/2015/03/09/stamp-duty-requirements-on-change-of-smsf-trustees-as-of-01-jan-2015/

6 Key Considerations for your SMSF Investment Strategy


Strategy

So your SMSF Administrator/Accountant is now having to use an Independent Auditor and suddenly you are being asked for more than just the 1 page SMSF Investment Strategy template provided by the Accountant that you used to sign without filling in the blanks and without considering its purpose.

The reason an Investment strategy is required by an SMSF and also required to be reviewed regularly is that personal circumstances changes as do markets and economies. You need to consider your investment portfolio in the light of these changes and this is a way of prompting you to do so as part of the annual review.

Each year we experience a lot of market and political volatility with differing views on where the economy is headed, leading to a subsequent impact on share and property markets.

As an investor is can be easy to get caught up in the short-term noise and lose focus. The SMSF Investment strategy requirement is a way of prompting you, the Trustee(s), to really consider what objectives you are trying to achieve and the strategies and asset allocation that you need to follow to achieve them.

Having a well thought out SMSF investment strategy is a key element in helping you achieve a smooth transition in to and through retirement.

Here are 6 important considerations in establishing your SMSF investment strategy.

  1. Liquidity Needs: What life stage are each of the members in?
    The members’ personal circumstances and life-stage will have the most important impact on your SMSF investment strategy.  If you are all 20 years out from retirement, you may choose to invest for growth and ride with volatility of the share and property markets to benefit from the risk/return premium attributed to those sectors which are less liquid than cash and bonds. If however one or more of the members is approaching retirement or using a Transition to Retirement Pension strategy  you may choose a more cautious approach to ensure sufficient income is available for pensions regardless of market ups and downs. That requires more active management to maintain some liquidity still seek a decent return through a diversified portfolio. For example we always recommend 12-36 months pensions are retained in cash or fixed interest to avoid selling assets in a downturn and reducing your capital value.
  2. What’s the members’ risk tolerance
    The ability of all involved to sleep comfortably at night without worrying about their investments should always be taken into consideration regardless of your age. If you or another member have no experience or confidence in certain market sectors, then short-term your investment strategy should be tailored accordingly. But you should then seek more information, education and guidance to build your knowledge and then your confidence in those missing sectors so that you can adopt a well diversified strategy long-term. It is generally accepted that the greater the risk of an asset, the greater the potential returns but this risk abates as time passes so riskier assets can pay off handsomely over time with less risk than perceived short-term. A portfolio designed to reduce your concerns while not providing optimal returns provides THE SLEEP FACTOR!
  3. Asset allocation
    Investing in the right asset classes is a major factor in the returns you will receive. Aussie Equities and Cash are not a full solution long-term. Cash and TD rates are currently low and our share market had a poor year last year and our economy is struggling while international equities, property and infrastructure are benefiting from improving economies, low interest rates and the dropping Aussie dollar. Your asset allocation should be reviewed annually and rebalanced to account for the returns from various asset classes and their future forecast. We are not saying make dramatic changes but do take tilts to certain sectors that will benefit from the current economic climate.
  4. Avoid sector bias
    The Big 4 Banks, Woolworths and Telstra do not make a diversified portfolio! Once you have decided which asset classes to invest in, it is important to diversify within those asset classes. Frequently I see investment portfolios with a narrow range of large Australian companies just like mentioned above providing very poor diversification – and leaving the overall investment portfolio heavily reliant on the fortunes of one or two sectors. Self Managed Superannuation Funds (SMSF) set up for the benefit of control without the willingness to take advice or learn about portfolio design, frequently lack diversification with an over reliance on one property, Australian shares and/or cash. With Control comes responsibility to learn and adapt.
  5. Tax efficiency
    Often the spur to look at complex and structured investments near June 30th is the tax consideration. The amount of tax you pay on investment has a major impact on your SMSF investment strategy.  Here is the tax basics for SMSFs:
  • 15% tax on earnings and capital gains on assets held for less than 12 months in accumulation phase
  • 10% tax on Capital Gains on assets held for greater than 12 months in accumulation phase
  • 0% tax on earnings and capital gains on assets sold in pension phase

For example, if you were lucky enough to have bought 1000 CBA shares during the GFC at $30 and sell them now at $90 in accumulation phase you will pay $6,000 in tax with a net profit of $54,000. While if you were lucky to move in to pension phase you receive the full $60,000 tax-free. Tax is an important consideration and an understanding of the tax impacts which you purchase your asset in, and the tax payable when you dispose of the asset, are very important but should not be the sole driver of your Self Managed Superannuation Fund investment strategy.

  1. Insurance Needs of the Members

Trustees of SMSFs now have to consider, as part of its Investment strategy “whether the trustees of the fund should hold a contract of insurance that provides insurance cover for one or more members of the fund.”

This is a significant addition to the previous provisions, and has been prompted by the Super System Review panel noting that less than 13% of SMSFs have insurance. This is a subject on its own so please refer to my earlier article for guidance Self Managed Super Funds must include an Insurance Needs Analysis as part of the fund’s SMSF Investment Strategy.

It is important to update your investment strategy on an annual basis or more often if making large contribution or large investments to make sure you are maximising the probability of achieving your financial goals whilst reducing the risk of capital losses.

You can seek professional advice to help with your investment strategy, but remember: as trustee, you are still ultimately responsible for your fund’s investment decisions so next time you sign off a template provided by your administrator remember it is you that are responsible not them.

Please contact us on 02 9894 1844 or Liam@verante.com.au  if you would like to review your current SMSF investment strategy, or need assistance in preparing an SMSF investment strategy that matches your members’ needs.

Are you looking for an advisor that will keep you up to date and provide guidance and tips like in this blog? then why now contact me at our Castle Hill or Windsor office in Northwest Sydney to arrange a one on one consultation. Just click the Schedule Now button up on the left to find the appointment options.

I’ll leave the last word or should I say video to the ATO

Liam Shorte B.Bus SSA™ AFP

Financial Planner & SMSF Specialist Advisor™

 

 Follow SMSFCoach on Twitter Liam Shorte on Linkedin NextGen Wealth on Facebook   

Tel: 02 96993693, Mobile: 0413 936 299

PO Box 6002, NORWEST  NSW 2153. Castle Hill NSW 2154

Corporate Authorised Representative of Viridian Advisory Pty Ltd ABN 41 621 447 345, AFSL 476223

This information has been prepared without taking account of your objectives, financial situation or needs. Because of this you should, before acting on this information, consider its appropriateness, having regard to your objectives, financial situation and needs. This website provides an overview or summary only and it should not be considered a comprehensive statement on any matter or relied upon as such.

Image courtesy of pakorn at FreeDigitalPhotos.net

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4 Comments
by SMSF Coach - Liam Shorte on March 4, 2015  •  Permalink
Posted in Audit, Investment Strategies
Tagged Account Based Pension, Baulkham Hills, Cash rate, Castle Hill, Cost of Living, DIY Super, Dural, Government, Hawkesbury, income, income planning, Insurance, insurance needs, Interest Rates, Investment, Investment Strategy, rate cuts, RBA, RBA cash rate, Retirement, Retirement Planning, Self Managed Super Fund, Self Managed Superannuation Fund, SMSF, Strategy, superannuation

Posted by SMSF Coach - Liam Shorte on March 4, 2015

https://smsfcoach.com.au/2015/03/04/6-key-considerations-for-your-smsf-investment-strategy/

Multiple SMSFs may be a Smart Strategy for Property Investors


Realestate

More than one fund! Am I kidding you? No I’m not as there are very valid reasons for using more than one SMSF for your investment needs.

  • To minimise Land Tax issues as detail further below but subject to State provisions;
  • To allocate certain assets for estate planning purposes to specific beneficiaries;
  • To keep a blended family superannuation interests separate;
  • To keep higher risk assets separate from other SMSF assets. (Retail shop with increased public liability risk);
  • To cater for separate risk tolerances for member of a family rather than running segregated accounts

So more on uses of multiple SMSFs by property investors

Land tax is a form of taxation applied to the value of any land that an individual or entity may own. For an individual their primary place of residence is normally exempt from Land Tax. Depending on your state or territory, land is a very broad term that encompasses vacant blocks of land, commercial and residential properties. I will be talking about NSW in this article.

Facts on NSW Land tax 2024

The Tax Year Threshold Rate for 2024 is $1,075,000

Tax on land value above the threshold $100 plus 1.6% up to the premium threshold.

Premium Threshold is $6,571,000

Tax on land value above the threshold is $88,036 for the first $6,571,000 then 2% over that

Strategy to manage land tax:

Land tax can be minimised by taking advantage of land tax thresholds that apply per entity not in aggregation. So Land tax can be controlled through the use of a separate Self Managed Super Funds (SMSF) for additional properties once you reach the exempt threshold ; .

Currently the Land Tax Free threshold sits at a land value of $1,075,000. Therefore any land value that exceeds this can be taxed at a rate as high as 2%. However, each SMSF is treated as a separate entity meaning each SMSF has its own $1,075,000 threshold. This allows property investors to hold their land across multiple SMSF’s in order to never exceed the threshold in any of these funds and in effect become exempt from land tax.

Example:

Sharon and Robert through their  Love Property Superannuation Fund own an investment property in Castle Hill with land valued at $802,000 as part of a diversified strategy of their Self Managed Super Fund. Intent on expanding their property empire the couple has recently received pre-approval for an investment loan to purchase an additional property in Rouse Hill with land valued at $813,000. With this purchase the Love Property SMSF would have a combined Taxable land value of $1,615,000 obligating them to $8,740 in land tax.

However on speaking to their “SMSF Association Accredited SMSF Specialist Adviser“ (Yes you guessed ME!), Sharon and Robert set up a second Self-Managed Super Fund, Love More Property SMSF to purchase the second property. This means the land  owned in their first SMSF is below the tax threshold and the land in their second SMSF is valued at below the tax threshold which effectively exempts Sharon and Robert from land tax. Running a second fund can be done for less than $2,000 per annum so a net saving of $6,740 per year or at least $67,400 over a 10 year property buy and hold strategy.

So you can see that multiple SMSFs are an effective tool to boost the returns of your property investment.

Be care of State Land Stax Legislation or Provisions

Strategy may not work in if there are grouping provisions. So please seek specialist tax advice.

https://www.sro.vic.gov.au/legislation/grouping

If you want to know see more about property in a Self Managed Super fund the go to the page  https://smsfcoach.com.au/property-in-a-smsf/ for articles that cover most of the strategies and questions on this subject including Tips and Traps to be aware of in advance.

Feel you are falling behind? Then read 10 Tips For Salvaging Your Retirement Plans and then contact me for personal advice.

Are you looking for an advisor that will keep you up to date and provide guidance and tips like in this blog? then why now contact me at our Castle Hill or Windsor office in Northwest Sydney to arrange a one on one consultation. Just click the Schedule Now button up on the left to find the appointment options.

Liam Shorte B.Bus SSA™ AFP

Financial Planner & SMSF Specialist Advisor™

SMSF Specialist Adviser 

 Follow SMSFCoach on Twitter Liam Shorte on Linkedin NextGen Wealth on Facebook   

Color logo with background smaller

Tel: 02 98993693, Mobile: 0413 936 299

PO Box 6002 NORWEST NSW 2153

40/8 Victoria Ave. Castle Hill NSW 2154

Corporate Authorised Representative of Viridian Advisory Pty Ltd ABN 34 605 438 042, AFSL 476223

This information has been prepared without taking account of your objectives, financial situation or needs. Because of this you should, before acting on this information, consider its appropriateness, having regard to your objectives, financial situation and needs. This website provides an overview or summary only and it should not be considered a comprehensive statement on any matter or relied upon as such.

Image courtesy of cooldesign at FreeDigitalPhotos.net

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1 Comment
by SMSF Coach - Liam Shorte on February 27, 2015  •  Permalink
Posted in Property, Tax Planning
Tagged Account Based Pension, Baulkham Hills, Cash rate, Castle Hill, commercial property, Cost of Living, DIY Super, Dural, Government, Hawkesbury, income, income planning, Interest Rates, Investment, Land, land tax, property, Retirement, Retirement Planning, Self Managed Superannuation Fund, SMSF, Strategy, superannuation, tax free threshold

Posted by SMSF Coach - Liam Shorte on February 27, 2015

https://smsfcoach.com.au/2015/02/27/multiple-smsfs-may-be-a-smart-strategy-for-property-investors/

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