All posts tagged Individual Trustee

Reminder: Minimum annual payments for Superannuation Income Streams in 2014 / 15 including SMSF Pensions.


Yes the Government have been messing about with the system so much over the last few years that many clients have been totally confused and had to confirm their minimum pension payments for last year so I thought I would just remind everyone of this years limits so they can put their payment plans in place.

How much to take to stay compliant with your pension

How much to take to stay compliant with your pension

If you started a pension or annuity on or after 1 July 2007, a minimum pension amount is required to be paid each year. There is no maximum amount other than the balance of your super account, unless it is a transition to retirement pension in which case the maximum amount is 10% of the account balance.

The minimum payment amounts will not be reduced for the  2014-15 year. The following table shows the minimum percentage factor (indicative only) for each age group.

Age

Minimum % withdrawal (2014-15)

Under 65

4%

65-74

5%

75-79

6%

80-84

7%

85-89

9%

90-94

11%

95 or more

14%

Note that these withdrawal factors are indicative only. To determine the precise minimum annual payment (especially for market linked income streams), see the pro-rating, rounding and other rules in the Superannuation Industry (Supervision) Regulations 1994.

For rules and limits on other Payments from super here are the relevant links to the ATO site.

Low rate cap amount

Untaxed plan cap amount

Minimum annual payments for super income streams

Preservation age

Super lump sum tax table

Super income stream tax tables

Are you looking for an advisor that will keep you up to date and provide guidance and tips like in this blog? Then why not 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. Please reblog, retweet, put on your Facebook page if you found information helpful.

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.

1 Comment
by SMSF Coach - Liam Shorte on October 1, 2013  •  Permalink
Posted in Pension Strategies, Pensions, Tax Planning
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Posted by SMSF Coach - Liam Shorte on October 1, 2013

https://smsfcoach.com.au/2013/10/01/reminder-minimum-annual-payments-for-superannuation-income-streams-in-2014-15-including-smsf-pensions/

Why Self Managed Super Funds Should Have A Corporate Trustee


Why I believe it is essential to have a company as trustee and the options to have individual trustees is short-sighted  Time to Decide

The over-riding benefits of having a corporate trustee, rather than individual trustees, are summarised in the following comparison table:

Corporate Trustee

Individual Trustees

Time to Grieve or Adapt

The one main reason from 10 years experience with   SMSF’s for having a Corporate Trustee is respect for your spouse or family’s   needs in times of grief. Do you really want to leave them an onerous awkward   and expensive set of tasks to carry out just because it saved you $700

Paperwork at the worst time

Welcome to a nightmare. You have just passed away   and your spouse has barely had time to start grieving but they need to manage   the SMSF to administer pensions, investments and deeds. Minutes to record   death of Trustee, Deed update to add a new Trustee or move to a Corporate   Trustee, Off market transfer forms and identity forms and probate forms to   put every investment in correct name(s). Worse still, deal with the Land   & Property Management agency or Office of State Revenue and their endless   forms!

Continuous succession

A company has an indefinite life   span; in other words, it does not die. Therefore, a corporate trustee can   ensure control of an SMSF is more certain in the circumstances of the death   or mental or physical incapacity of a member.

Problems upon death

If the SMSF has individual trustees, e.g. a   husband and wife SMSF, then timely action must be taken on the death of a   member to ensure the trustee/member rules are adhered to properly. (SMSF   rules do not allow a sole individual trustee/member SMSF.)

Administrative efficiency

When members are admitted to, or cease,   membership of the SMSF, all that is required is that the person becomes, or   ceases to be, a director of the corporate trustee. The corporate trustee does   not change as a result. Therefore, title to all the assets of the SMSF   remains in the name of the corporate trustee. Especially useful when dealing   with property in an SMSF.

Extra and costly paperwork

To bring in a new member to an SMSF   with individual trustees requires that person to become a trustee. As trust   assets must be held in the names of the trustees, this will require the title   to all assets to be transferred to the new trustees when a member is admitted   to or exits the fund.

Sole member SMSF

You can have an SMSF where one individual is both   the sole member and the sole director. Likewise if you are mentally   incapacitated then your spouse can act as director under an enduring Power of   Attorney to run the fund on their own without the need for interference by   others.

Sole Member SMSF

A sole member SMSF must have two individual   trustees. Does your spouse need to rely on your children, possibly from your   first marriage! That’s really not going to work as we know what a problem   blended families are when it comes to Estate Planning.

Meets Lenders Requirements

If you want to borrow to buy a property via your   SMSF then most lenders will require a Corporate Trustee of the SMSF as that   is easier for them to deal with.

Restricts Pool of Lenders

If you do not have a corporate trustee the you   are limiting the number of lenders that will consider your SMSF for a loan

Higher LVRs accepted

With a Corporate Trustee many lenders will go to   80% on Residential loans and 70% on Commercial Real Estate

Lower LVRs commonplace

Due to legal concerns many lenders restrict the   maximum borrowing , if any, of a SMSF with Individual Trustees to 705 for Residential   Properties and 55-60% for Commercial Real Estate

Greater asset protection

As companies are subject to limited liability, a   corporate trustee will provide improved protection for the directors where a   party sues the trustee for damages. I use an electrician as an example here   when I cover this with clients. If he is comes on your property and is electrocuted because of the owners (SMSF) negligence then the SMSF may be   sued but your own personal liability is limited to your shareholding and member   balance rather than your entire wealth.

Less asset protection

If an individual trustee suffers any   liability, the trustee’s personal assets may be exposed. Be careful of hiring   a tradesman to work on a SMSF property as if they get injured they may sue   you in your capacity as Trustee of the fund as well as the SMSF itself.   Without the protection of Limited Liability provided by a Trustee Company   your other assets may be at risk.

What the ATO and ASIC think?

ASIC and the ATO prefer Corporate Trustees too. Last year, ASIC released a number of documents which outlined the advantages of having an SMSF corporate trustee.
More recently, the ATO have released a website and the following video that objectively outlined the pros and cons for corporate and individual trustees.

If the ATO’s comments are analysed in more detail, it is clear that there is an endorsement for SMSFs to have a corporate trustee.

The easiest way to comply with the ownership rules is for your fund to have a company set up solely for the purpose of being the corporate trustee of the fund.

If there is a change in directors of the company, you don’t have to change the name on the ownership documents for each fund asset as the trustee of the fund has not changed. Having a separate corporate trustee also reduces the chance of personal assets becoming intermingled with fund assets

Do you need more? Additional Advantages of a Corporate Trustee

  1. With a bit of preparation and planning combining use of your Will and Enduring Powers of Attorney, minuted resolutions and if needed clauses written into the deed a person (usually the “Executor” or “Legal Personal Representative”) can be immediately appointed as director so that the Fund can continue to operate in the event of death regardless of whether a death certificate or probate have been granted.
  2. Likewise when a person loses mental capacity (as with Alzheimer’s) that person will need to be replaced as the trustee of the fund if they were individuals but with a company the Constitution can immediately have a mechanism which allows the person holding the Enduring Power of Attorney to be appointed as a replacement director, resigning the incapacitated director at the same time.
  3. If under the new Administrative penalties rules a fine/penalty is made in relation to self managed superannuation fund that has individual trustees then each of them will be fined in their personal capacity while if it is a Corporate Trustee then only the one fine amount is payable. This means that if you have 2 individual trustee then you may pay double the fine of a fund with a corporate trustee and remember the fine is personally payable and not allowed to be reimbursed by the fund.
  4. Guaranteed compliance with SIS regulation 4.09A(2)(a)? It provides:A trustee of a regulated superannuation fund that is a self managed superannuation fund must keep the money and other assets of the fund separate from any money and assets, respectively: … (a) that are held by the trustee personally …As you will appreciate, it is easy for this regulation to be contravened where an SMSF has individual trustees (eg, if an individual trustee mixes their own assets with those of the SMSF). If however, you have taken our advice and the SMSF has a corporate trustee where the corporate trustee’s sole function is to act as trustee of the SMSF, then regulation 4.09A(2)(a) becomes almost impossible to contravene! This is because the trustee is unable to mix fund assets with its personal assets as it’s unlikely to have any personal assets.

Therefore an SMSF that has a sole purpose corporate trustee  is almost always guaranteed to comply with these rules

For further information on the issues raised in this blog please contact us at our Castle Hill or Windsor office or send an email.

I hope this guidance  has been helpful and please take the time to comment. Feedback always appreciated. Please reblog, retweet, put on your Facebook page etc. to make sure we get the news out there to those setting up new funds.

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

19 Comments
by SMSF Coach - Liam Shorte on December 19, 2012  •  Permalink
Posted in SMSF, SMSF Management, Trustee
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Posted by SMSF Coach - Liam Shorte on December 19, 2012

https://smsfcoach.com.au/2012/12/19/why-self-managed-super-funds-should-have-a-corporate-trustee/

Skeletons in the Cupboards and Tax Man at the Door – Estate Planning Solutions for SMSF members


Here is one solution to a big problem that may become more common with blended families and increased divorce as well as de facto arrangements.     SMSF Estate Planning

Our client , lets call him , Scott (age 78) is a widower in the Hills district and he has a $652,000 account based pension (containing a 100% taxable component to keep it simple). His two adult daughters who are financially independent are noted as 50/50 beneficiaries on his non-lapsing binding death benefit nomination (see here for more details). Any lump sum death benefit they receive will be subject to 17 per cent tax. In dollar terms, this is $110,500 (calculation: $652,000 x 17%) and he wasn’t too happy about this.

Scott was advised by his specialist he has 2-3 years maximum to live due to an aggressive cancer. He threw this curly one at me to come up with a strategy as he wants to maximise his estate for his kids but also retain access to the funds while alive to fund medical and living expenses. Our strategy involves Scott taking a tax-free withdrawal from his account based pension. He then let me know about some skeletons he had in his cupboard!

Scott could retain these funds within a bank account, however the account will form part of his estate upon his death. Even though his estate will be paid predominately to his adult daughters, he is concerned about his estranged son from an affair he had in his late 50’s who might challenge the Will.

We advised that a valid alternative available to Scott is to invest into an investment bond with himself as the owner and the life insured. Since an investment bond is a non-estate asset, upon his death the funds will be paid tax-free to his adult daughters.

Both strategies will avoid the $110,500 of death benefits tax on funds paid to his daughters, however only the investment bond will ensure the funds do not become part of his estate. Scott’s two daughters need only produce a copy of his death certificate to gain access to the funds within the bond. This could also avoid lengthy delays with the administration of the estate and overcome possible estate challenges from his estranged son.

In terms of costs we were looking at foregoing the tax-free status in pension phase for the 2 years but that was far outweighed by the savings in the death benefits tax and we are actually able to wind up the SMSF  to save his children the hassle of dealing with that later.

For further information on the issues raised in this blog please contact our Castle Hill SMSF Centre or Windsor Financial Planning Office or choose an appointment option here 

I hope this guidance  has been helpful and please take the time to comment. Feedback always appreciated. Please reblog, retweet, put on your Facebook page if you found information helpful.

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.

2 Comments
by SMSF Coach - Liam Shorte on September 8, 2012  •  Permalink
Posted in Anti-Detriment, Binding Death Nominations, Estate Planning, Life Insurance, Reversionary Pension, SMSF, Tax Planning
Tagged , , , , , , , , , , , , , , , , , ,

Posted by SMSF Coach - Liam Shorte on September 8, 2012

https://smsfcoach.com.au/2012/09/08/skeletons-in-the-cupboards-and-tax-man-at-the-door-estate-planning-solutions-for-smsf-members/

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