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ATO Releases New Superannuation Contribution Limits for 2014/15


The ATO has released the Superannuation Contribution limits which will apply in respect of the 2014/15 financial year starting 01st July 2014.  Please note these are subject to any changes or freezing of indexation by the Treasurer , Joe Jockey, that may be announced in the Budget.  Know Your Limits

•    Concessional contributions cap – increased  from $25,000 to $30,000 (includes Self Employed Member Deductible contributions, SGC and Salary Sacrifice)

•    Special Concessional contributions cap for Baby-Boomers of $35,000 will apply to anyone aged 49 or more on 30 June 2014

•    Non-concessional contributions cap – increased from $150,000 to $180,000 (always based on 6 times the base Concessional Cap)

•    3 -Year Bring forward of the Non-concessional contributions cap – increased  from $450,000 to $540,000 (3 year bring forward rule means no further contributions for 2 years afterwards)

•    Small Business CGT Non-concessional contributions cap – increased  from $1,315,000 to $1,355,000

•    Low rate tax-free threshold cap for withdrawals between age 55-59 – increased  from $180,000 to $185,000

•    Minimum Account-based pension drawdown rates – no change from 2013/14

Those with account-based pension will have their minimum annual required payment in 2014/15 calculated by multiplying the relevant adjusted factor (see below) by the pension’s account balance on 1 July 2014.

Age of Beneficiary 2014/15 percentage factor
Under age 65 4.00%
65 – 74 5.00%
75 – 79 6.00%
80 – 84 7.00%
85 – 89 9.00%
90 – 94 11.00%
95 or more 14.00%

•    Maximum SG contributions base – increased to $49,430 from $48,040 per quarter (Employers not obliged to pay SGC on salaries above this level)

•    Government Co-Contribution lower threshold – increased to $34,488 (This is the threshold above which the maximum co-contribution amount of $500 begins to taper.)

•    Government Co-Contribution higher threshold – increased to $49,488 (This is the threshold above which the co-contribution will not be paid.)

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.

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by SMSF Coach - Liam Shorte on March 4, 2014  •  Permalink
Posted in Contribution Strategies, Contributions, Tax Planning
Tagged Account Based Pension, ASFA, audit, Backup, Baulkham Hills, budget, Castle Hill, Cost of Living, Dural, Hawkesbury, pension phase, private company valuations, reset pensions, Retire, Retirement, scanned copies, Self MAnaged Super, Self Managed Superannuation Fund, SMSF, Strategy, superannuation, Trustee, Trusts asset valuations, TTRAP, valuations, Windsor

Posted by SMSF Coach - Liam Shorte on March 4, 2014

https://smsfcoach.com.au/2014/03/04/ato-releases-new-superannuation-contribution-limits-for-201415/

Sole Purpose Test Explained in a Video from the ATO for SMSF Trustees


A picture tells a thousand words and a video replaces reams of legislation! The ATO have  recently released two videos – the first set in a planned series of short animations designed to help you understand your SMSF obligations.

If you want to know how the sole purpose test may impact on SMSF investments in property or more about meeting your annual obligations, these videos will help you head in the right direction.

SMSF Trustees should subscribe to ensure the ATO  lets you know when more animations are added to their YouTube channelExternal Link. Be sure to keep on the lookout for them!

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.

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by SMSF Coach - Liam Shorte on February 28, 2014  •  Permalink
Posted in SMSF Management, Trustee
Tagged Account Based Pension, ato, audit, Backup, Baulkham Hills, Castle Hill, Dural, Hawkesbury, pension phase, reset pensions, Retire, scanned copies, Self MAnaged Super, Self Managed Superannuation Fund, SMSF, sole purpose, sole purpose test, Strategy, superannuation, Trustee, trustee education, TTRAP, valuations, Windsor

Posted by SMSF Coach - Liam Shorte on February 28, 2014

https://smsfcoach.com.au/2014/02/28/sole-purpose-test-explained-in-a-video-from-the-ato-for-smsf-trustees/

Top 3 Barriers to a Well-Funded Retirement and Some Practical Steps to Address Them.


It’s no use pointing out flaws in people’s strategies without also offering some form of solution. So I’ll do a bit of both.

In a recent survey of over 2000 people almost 1 in 3 women still feel they have “far from enough” money to maintain desired lifestyles in retirement. 68% of Australians do not factor in major future financial setbacks in their expectations on how much money
they will have in retirement and only 8.5% of participants had a well-considered plan for major setbacks. Don't fail to plan

  1. major health issues,
  2. loss of employment and
  3. lack of formal investment plan

A majority of respondents expect to have at least some or a major shortfall in retirement funding at their desired retirement age.

People are also ignoring some very relevant wealth destroyers like divorce, financially supporting elderly parents, and career break to raise children that were not seen as matters to worry about.

This may be a result of a lack of understanding of the rising costs involved in funding aged care, costs of single households and the massive gap in retirement funding that 4-5 years of lost contributions early on in a career can have on your retirement savings especially if you then move gradually back in to the workforce on part-time basis. I will deal with these in separate article.

You can find more details on the findings of the survey at the following link – MLC Wealth Sentiment 2015 Q3

Now as promised some solutions to consider:

Back-up plan for major health issues: 

  • Private Health Insurance to manage medical and ancillary costs so you can get back to work sooner.
  • Income Protection cover to ensure you and your family can continue to meet your living expenses including mortgage during prolonged sickness or injury. Tight budget? Then look to your superannuation for cover.
  • Use the Retirement Protection Option within IP cover to ensure that you continue to build your superannuation during illness.
  • Trauma insurance to ensure you have a lump sum to cover unforeseen costs or the short-fall on Income Protection. Often this will provide enough money so that a spouse can take some time off to help you recuperate or make it to appointments and aid recovery.

Loss of employment

  • Stay connected. No matter how you love your job and your industry you need to be aware that the average person will have 5 mini careers in their lifetime so you need to be ready for change. Use LinkedIn to keep in touch with those who may lead you to your next career. It is easy to connect when you are comfortable in your job and much harder to make that connection when you are out of the workforce.
  • Keep up to date. Nearly every job these days will involve some form of continuous education or professional development. Embrace the opportunities and see it as employment protection insurance. Employers will keep those who increase productivity and add value. New employers will embrace those who have a track record of stepping up to challenges and managing change well.
  • Redundancy Cover – Redundancy cover pays a monthly benefit of 3 – 6 months if you become involuntarily unemployed. This benefit payment is intended to help you cover basic necessities and meet any pressing financial commitments whilst you are looking for new, full-time employment.

Lack of formal investment plan

It’s never too early to start planning but hopefully it is also never to late to be able to make a difference. The key is to use the tax and superannuation system to your advantage without taking on additional risk if possible. Start with some easy goals and low risk strategies like:

  • Setting up a cash reserve savings account in the lower-income earner’s name and have funds direct debited on your pay-day so it’s automatically building up.
  • Getting ahead on your mortgage payments using an offset and pay no tax on savings
  • Salary Sacrificing to save tax and build wealth. Minimise your tax to the 15% bracket on all money saved. Concessional Limit is $35,000 this year for those over 49.

Advanced Wealth Creation:

When you have learnt the power of compound interest from the easy savings measures then consider stepping it up. Each of these strategies involves risk, but with increased risk comes increased rewards as you should receive a premium for taking on additional risk over time. That is the basis of capitalism and includes our stock market and property markets. Those willing to take on “researched, managed and targeted” risk get the rewards for their proactive strategy. This is not a suggestion to go speculative, it is all about measuring risk v reward on each investment over the longer term.

  • In your 20’s to late 40’s take more risk in your investment strategies inside and outside of super. Look at the Growth and High Growth options. For anyone with 20 or more years to retirement your risk of losing with these strategies over that term is reduced.
  • Introduce leverage either by borrowing for an investment property or margin loan for shares or consider a managed fund with internal gearing. This should be done before your 50’s not as you near retirement. Always leave 10-15 years for any gearing strategy to pay off.

Budgeting, Budgeting, Budgeting

Track your spending for 3 months and that means everything from that morning coffee to the sneaky Big Mac on the way home! When you review the costs they may be scary so look for small ways to cut costs like:

  • Making your own lunch or buy a 24 pack of your favourite soft drink rather than buying individual cans from store or takeaway. You might laugh but one client saved $300 a month over 5 years and lost 15Kgs eating healthier over time. So boosted his savings and his quality of life!
  • Buying a small coffee machine in the office and even one for home. We bought an ALDI Xpressi machine and it makes decent coffee for less than 50 cents a cup.
  • Turning off all electrical items at home. this can reduce your power bill by 10% a year.
  • Reducing your Pay TV bundle to the basics package or cutting it out for 3-6 months each year. Many offer no lock in contracts so use it to you advantage!
  • Think before moving houses as this eats in to your wealth. Plan ahead and make sure that a property will suit you and possibly a growing or smaller family for 10-20 years.
  • Think outside the box. Could you add a granny flat for extra income or could you buy a dual occupancy to share costs with children or parents in their later life.

These are just a couple of ideas. Visit the website run by a mate of mine and subscribe to their emails to get regular tips. The site is called Humble Savers

Here’s just a sample of their posts which minimise the jargon and give helpful tips:

Other valuable Posts

  • Buying Your First Home
  • Top Five Tips To Repair Your Credit History
  • 5 Tips To Help You Create A Realistic Budget
  • Five Ways To Save Money – To Be A Millionaire
  • How To Get The Best Mortgage Deal Out Of The Banks

Once you work out your objectives and capital needed for your retirement you should consider seeing a Financial Planner to see what other strategies are available to you to boost your savings such as using a Transition to Retirement Pension and Salary Sacrifice strategy from 56 onwards to save on personal and superannuation tax and build your nest egg.

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.

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by SMSF Coach - Liam Shorte on February 18, 2014  •  Permalink
Posted in Retirement Planning
Tagged Account Based Pension, ASFA, audit, Backup, Baulkham Hills, budget, Castle Hill, Cost of Living, Dural, Hawkesbury, pension phase, private company valuations, reset pensions, Retire, Retirement, scanned copies, Self MAnaged Super, Self Managed Superannuation Fund, SMSF, Strategy, superannuation, Trustee, Trusts asset valuations, TTRAP, valuations, Windsor

Posted by SMSF Coach - Liam Shorte on February 18, 2014

https://smsfcoach.com.au/2014/02/18/the-top-3-barriers-to-a-well-funded-retirement-and-some-practical-steps-to-address-them/

Taking SMSF & Retirement Questions on Sky Business Channel – Retirement Show


I appear on Sam Henderson’s Your Money Your Call – Retirement Show about once a month and a video copy of the January 24th show is included below.

For those not open to viewing the full show you can catch my comments at the following points by scrolling along the bottom of the video:

6.30 Moving from Cash to other sectors

8.40 Getting International Exposure

15.08 Outlook for Aussie Shares and Property

17.50 Selling out of resource stocks to chase performance – good or bad idea

23.10 Making large contributions at or near age 65

29.00 Off Market Transfer of share in to your SMSF

39.55 Investing through super in your 20’s

41.39 The hidden danger of Life-Cycle funds (Asset Allocation becomes more conservative as your age)

46.30 Investing in your 60’s

To get your own questions answered why not make an appointment at our Castle Hill or Windsor offices of we can meet in the city. always happy to deal with people by email. phone, Skype or a combination of them all. 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.

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by SMSF Coach - Liam Shorte on February 10, 2014  •  Permalink
Posted in Retirement Planning
Tagged Account Based Pension, ASFA, audit, Backup, Baulkham Hills, budget, Castle Hill, Cost of Living, Dural, Hawkesbury, pension phase, private company valuations, Q and A, reset pensions, Retire, Retirement, Retirement Show, scanned copies, Self MAnaged Super, Self Managed Superannuation Fund, SMSF, Strategy, superannuation, Trustee, Trusts asset valuations, TTRAP, valuations, Video, Windsor, Your Money Your Call

Posted by SMSF Coach - Liam Shorte on February 10, 2014

https://smsfcoach.com.au/2014/02/10/taking-smsf-retirement-questions-on-sky-business-channel-retirement-show/

How much do I need to live comfortably in retirement? 2017 Update


I wrote an article a few years ago for MYOB’s small business blog called How much do I need to retire at 60? that certainly caused some heated debate and has been viewed over 375,000 times. Just read some of the comments to see how people’s vision of a “budget” and “comfortable lifestyle” is so different depending on their circumstances. Retirement Costs

Some of the figures used for sample retirement budgets have been updated so I thought I would provide those figures as guidance for people facing the retirement funding conundrum and not sure where to start.

The latest figures released by the Association of Superannuation Funds of Australia ASFA Retirement Standard benchmarks the annual budget needed by Australians to fund either a ‘comfortable’ or ‘modest’ standard of living in retirement.

Budgets for various households and living standards for those aged around 65
(December quarter 2016, national)

 Modest lifestyle  Comfortable lifestyle
Single Couple Single Couple
Total per year $24,108 $34,687 $43,538 $59,808

Budgets for various households and living standards for those aged around 85
(December quarter 2015, national)

 Modest lifestyle  Comfortable lifestyle
Single Couple Single Couple
Total per year $23,603 $34,992 $39,8171 $54,960

Source ASFA Retirement Standard. The figures in each case assume that the retiree(s) own their own home and relate to expenditure by the household. This can be greater than household income after income tax where there is a drawdown on capital over the period of retirement. Single calculations are based on female figures. All calculations are weekly, unless otherwise stated.

The figures in each case assume that the retiree(s) own their own home and relate to expenditure by the household. This can be greater than household income after income tax where there is a drawdown on capital over the period of retirement. Single calculations are based on female figures. All calculations are weekly, unless otherwise stated.

As you can see from the figures if you are looking at a ‘comfortable’ retirement you need to consider a budget of $59,808 for a couple or $43,538 for a single person household.

In my previous article I talked about retiring at age 60 but as most people will be looking more likely at 65 as their target, I wanted to clarify what I believe you need to fund such a retirement. In my opinion a couple would need a combined superannuation and non-super investment assets balance of around $750,000 minimum and a single individual would need a balance of around $550,000. This at odds with ASFA who have recently increased their requirement by a whopping $130,000 but still have lower figures than mine as they believe you only need $640,000 for a couple or $545,000 as a single person.

My figures are based on No Centrelink Support. I am happy to accept ASFA are correct if you take into account some age pension but I find that many clients do not qualify for this because of non-income producing assets like holiday homes, caravans boats etc reducing their pension entitlements. Also there is an inherent risk that the now reduced Asset and Income Test limits may be reduced further in the search for more Government Budget Savings.

Most people I see in my day-to-day work advising on retirement planning have a “sugar coated view” of how they want to spend their time in retirement. Many have hobbies or interests that cost very little but others who like international travel or partaking in expensive social lifestyles of hobbies often under-estimate the costs.

Another worrying trend is people borrowing in their 50’s to fund lifestyle for fear of missing out or to keep up with the Jones! Others are helping children with home deposits and losing the vital compounding interest on their savings. Many tell me they believe they can live on the Government Age Pension in retirement. Well if you can’t manage on your current wage now without borrowing then you are in for a big shock if you plan to rely on the meager Age Pension.

I see one industry commentator saying that the savings required to live a modest lifestyle in retirement only requires a small amount of retirement savings in addition to the age pension, however that sort of budget leaves you very vulnerable to food and utility price inflation as people will have seen with rising vegetable and electricity pricing in the last few years.

When you look at these estimates of the amount capital or assets you need to achieve the lifestyle you want in retirement, it’s still important to remember that most of these work on the average life expectancy. If your family has a history of longevity or early death, then you need to make allowances accordingly.

The bottom line: It’s never too early and hopeful not too late to start planning. So if you want to see where you stand at present based on your current savings and contributions to super, then use the Retirement Planner on the ASIC’s free Money Smart website.

Once you work out you target you should consider seeing a Financial Planner to see what strategies are available to you to boost your savings such as using a Transition to Retirement Pension and Salary Sacrifice strategy to save on personal and superannuation tax and build your nest egg.

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.

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6 Comments
by SMSF Coach - Liam Shorte on February 7, 2014  •  Permalink
Posted in Retirement Planning
Tagged Account Based Pension, ASFA, audit, Backup, Baulkham Hills, budget, Budgeting, Castle Hill, Cost of Living, Dural, Hawkesbury, Living expenses, pension phase, private company valuations, reset pensions, Retire, Retirement, retirement cost of living, scanned copies, Self MAnaged Super, Self Managed Superannuation Fund, SMSF, Strategy, superannuation, Trustee, Trusts asset valuations, TTRAP, valuations, Windsor

Posted by SMSF Coach - Liam Shorte on February 7, 2014

https://smsfcoach.com.au/2014/02/07/how-much-do-i-need-to-live-comfortably-in-retirement/

Will you be paying the top up tax on your SMSF contributions ?


If you are a “High income earning” taxpayer you may receive a tax assessments from the ATO for top-up tax on your concessional superannuation contributions for the previous financial year.

Blood from a stone

Bleeding Taxpayers Dry!

The “top-up tax” on concessional contributions for high income earners is known as Division 293 tax. It is effective from the 2012/13 financial year. In effect this Division 293 tax reduces the superannuation tax concession they receive.

This ATO explains the tax in sumary and I will detail it afterwards:

If you want to know now rather than wait for the notice of assessment, then here are the criteria that apply.

What determines that you are subject to Division 293 Tax?

An individual is generally liable to pay Division 293 tax if the sum of their income and their low tax contributions (concessional contributions) is greater than $300,000.

Component s of Income used

To calculate an individual’s income for Division 293 Tax purposes, the ATO will look at the individual’s income tax return and use:

  • taxable income (assessable income less deductions)
  • total reportable fringe benefits amounts
  • net financial investment loss
  • net rental property loss
  • amounts on which family trust distribution tax has been paid
  • super lump sum taxed elements with a zero tax rate.

These elements are summed (except the super lump sum amount, which is subtracted) to give the income amount.

What is the top-up tax rate

The high-income earner will be subject to an additional 15% tax on the lesser of their concessional contributions or the amount above the $300,000.

How is it Calculated

  1. Add the income and low tax contributions.
  2. Compare the amount from Step 1 to the $300,000 threshold to identify any excess above the threshold.
  3. Compare the low-tax contribution amount and the amount from Step 2. Take the lesser of the two amounts, which then become the taxable contributions.
  4. Apply a 15% tax rate to the taxable contributions.

When will the top-up tax be assessed?

The top-up tax is assessed only after both of the following matters are finalised:

Your individual tax return has been processed, and

Your SMSF annual return or retail, employer or industry fund member contribution statement has been issued.

What is the process for payment

Payment is the individual taxpayer’s responsibility once the Tax Office assessment notice is issued. The individual may also choose to get their fund to pay the top-up amount using the release authority provided by the Tax Office.

Example

Rachel from Baulkham Hills, earned $291,000 in income during the 2012-13 year. In addition, she has employer contributions of $25,000. The total, $316,000, is over the $300,000 threshold. Rachel is subject to the Division 293 “top up” tax.

Rachel  is subject to the top-up tax on the lesser of her actual concessional contributions or the amount above the $300,000 threshold. Her concessional contributions are $25,000 while the excess over the threshold is $16,000. The lesser amount is $16,000, therefore Rachel has taxable contributions of $16,000

The amount of Division 293 tax levied on this individual equals $16,000 at 15%, being $2,400.

Once she receives her Notice of Assessment, she can either choose to pay it herself or get her fund to remit the amount directly to the ATO using a form provided with the assessment.

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 offices in the Northwest of 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.

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by SMSF Coach - Liam Shorte on January 14, 2014  •  Permalink
Posted in Contribution Strategies, Contributions, Tax Planning
Tagged Account Based Pension, Backup, Baulkham Hills, Castle Hill, concessional contributions, contributions, contributions tax, Division 293, Dural, Hawkesbury, high income earner, Self MAnaged Super, Self Managed Superannuation Fund, SMSF, Strategy, superannuation, tax, top-up tax, Trustee, valuations, Windsor

Posted by SMSF Coach - Liam Shorte on January 14, 2014

https://smsfcoach.com.au/2014/01/14/will-you-be-paying-the-new-top-up-tax-on-your-smsf-contributions/

SMSFs and Estate Planning: When the documentation does not match


Western Australian has a habit of bringing to light interesting estate issues and one of the2013 cases lives up to that reputation and highlights the importance of really understanding estate planning where a self-managed superannuation fund is involved (Ioppolo & Hesford v Conti [2013] WASC 389). Decide who gets your money

The background to the case is that a Mrs Conti passed away with large balance in an SMSF, of which her husband was the surviving individual trustee and the only other member.

In the decade before her death Mrs Conti had signed a series of non-binding and binding death benefit nominations (BDBN) directing that her superannuation death benefit should be paid to her husband but these had lapsed. Note, many deeds still unnecessarily refer to the SIS regulations and in specific the need to renew BDBN every 3 years when dealing with Binding Nominations.

However in her Will, Mrs Conti had directed that her SMSF member balance be paid not to her husband but to her children and she specifically expressed her wish that none of her benefit should be paid to her spouse.

Mr Conti, (as the sole surviving trustee of the SMSF) resolved to pay her entire balance to himself. (This would have needed to be done within 6 months of her death under Section 17A(4) of the SIS Act or else a second trustee would have to be appointed).

It is worth reminding you that the Superannuation Complaints Tribunal (SCT) has no authority to review an SMSF trustee decision.

As such, Mrs Conti’s children who were the executors under her Will had to challenge this trustee decision in the Supreme Court of Western Australia.

The Court held that the trustee of the SMSF could pay the death benefit to Mr Conti, and the children failed in their application.

This reinforces the need to consider an overview of the entire estate and other assets like trusts, companies and superannuation to ensure the various documentation required in succession planning is supportive of the clients wishes. Estate planning must consider the full circumstances and specific tailored solutions, especially where there is superannuation and in particular where a SMSF is included.

Some finer points worth noting on this case are that the will which expressed the intention to leave the funds to the children was made in 2005, however she also made a later binding nomination in 2006 where she (again) directed the payment to her husband. So you can see that there was some confusion as to actual wishes. The later nomination lapsed, so at death, there was no binding nomination in force and two conflicting expressions of her wishes (ie the will in 2005 went one way and the BDN in 2006 which went the other).

The central point of the article remains the same, but I don’t think we can be sure what the wife’s actual wishes intentions were at the date of death, given the conflicting and confusing messages she left behind.

The use of a Corporate Trustees, updating the Trust deed to allow for a Non-Lapsing Binding Death Benefit Nomination are some of the measures that may have prevented this outcome.

We can work with you and your solicitor or introduce you to a solicitor with specialist SMSF training to minimise the chances of such problems occurring.

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.

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by SMSF Coach - Liam Shorte on November 26, 2013  •  Permalink
Posted in Binding Death Nominations, Estate Planning
Tagged Account Based Pension, audit, Backup, Baulkham Hills, Castle Hill, Dural, Hawkesbury, pension phase, private company valuations, reset pensions, scanned copies, Self MAnaged Super, Self Managed Superannuation Fund, SMSF, Strategy, superannuation, Trustee, Trusts asset valuations, TTRAP, valuations, Windsor

Posted by SMSF Coach - Liam Shorte on November 26, 2013

https://smsfcoach.com.au/2013/11/26/smsfs-and-estate-planning-when-the-documentation-does-not-match/

Do I Need Annual Valuations If My SMSF Has Investments In Private Trusts Or Companies


The new requirement to value all assets supporting a pension at market value annually will have an impact on minimum pension amounts from here onwards.  To be precise, SIS Regulation 8.02B requires all SMSF assets to be valued at market value each year.  In the past we relied on ATO Taxation Determination TD 2000/29 that required that where an accumulation fund has underlying assets supporting a pension, those assets must be valued at their net market value on the commencement day of the pension.Company Valuation

In subsequent years we found that SMSF assets used to pay a pension may not have been re-valued correctly after commencement of the pension.

The new risk associated with Regulation 8.02B is that failure to mark to market the value of the asset has potential to cause the fund to fail to meet the minimum pension requirements. With normal shares, managed funds, commodities like gold etc this is not too hard as they can be valued quite easily but the danger arises when the fund has investments in private companies or private trusts, patents or unique property assets.

Unlike SMSFs that must value assets at market value, private trusts and companies are generally not subject to the same regulations or requirements. Therefore, those controlling these entities may adopt a different valuation method such as valuing shares or units at cost in their financials. The impact of the different valuation methods is that the fund’s investment in the private company or a unit trust may not be valued at market value, with the implication being that the fund fails to meet the minimum pension payment required to maintain the tax exempt status of the pension.

The problem is that the cost of valuing an unlisted company or trust assets may require a great deal of work and even a specialist to provide a report. This is definitely a matter to consider sooner rather than later as it is most likely to affect larger pensions accounts and therefore the cost of losing exempt current pension income status (ECPI) may be a considerable amount.

Likewise if you have assets such as patents that are hard to value as they may have nothing to compare with or their value is subject to many other factors you need to document your valuation method and be prudent in your assumptions. Not the time for aggressive tactics and I would always suggest speak with your auditor before completing the valuations for the financials to ensure they are happy with your assumptions.

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.

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by SMSF Coach - Liam Shorte on November 14, 2013  •  Permalink
Posted in Audit, SMSF Management
Tagged Account Based Pension, audit, Backup, Baulkham Hills, Castle Hill, Dural, Hawkesbury, pension phase, private company valuations, reset pensions, scanned copies, Self MAnaged Super, Self Managed Superannuation Fund, SMSF, Strategy, superannuation, Trustee, Trusts asset valuations, TTRAP, valuations, Windsor

Posted by SMSF Coach - Liam Shorte on November 14, 2013

https://smsfcoach.com.au/2013/11/14/do-i-need-annual-valautions-if-my-smsf-has-investments-in-private-trusts-or-companies/

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