SMSFs and non-arm’s-length income (NALI)
Non-arm’s length income is coming under increased scrutiny by the Tax Office and penalties can be steep, so it pays to understand how to stay on the right side of the law.
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Garth has worked in the Australian Superannuation industry for over 20 years with a specific focus on self-managed super funds. He provides ongoing support and training to individuals as well as to professionals working in the superannuation area, including advisers, accountants and lawyers. He is a regular contributor to industry publications and to the leading professional bodies including Chartered Accountants Australia & New Zealand (CA ANZ).
Non-arm’s length income is coming under increased scrutiny by the Tax Office and penalties can be steep, so it pays to understand how to stay on the right side of the law.
There’s more than one way to invest in managed funds, including these actively managed listed funds that can be bought and sold as easily as shares.
In Part 2 of our series on SMSFs and property investment, we look at the pros and cons of holding business property in your fund.
Year-end strategies and procedures to get the best outcomes from your superannuation before the end of the 2022-23 financial year.
We have a real estate property in our SMSF that is rented out and passes the sole purpose test. Our fund is only two members, my wife and I. When we retire, does an asset like this need to be liquidated, or could the members take possession of the property?
If a fund has two members (both in accumulation) and one dies, can the surviving spouse receive the deceased spouse’s super by a death benefit pension income stream?
You certainly won’t be able to actually close or what we call wind up your SMSF until all the member’s benefits which are held within the fund have actually been dealt with.
What I need to highlight here, is we’re looking at individual trustees and not a company acting as trustee. We’ve got two individual trustees.
There are lots of things that we need to consider. What I’ve given you here is the actual rules which are contained within the superannuation legislation.
The key here is the age restriction on making contributions to super. Really, from age 75, the only real contributions that can be made to super are what we call downsizer contributions.
This is something that we all want to know, right? We want to make sure that if we leave money to our kids, that they don’t get hit with tax on that money.
Am I allowed to put money from my savings into my granddaughter’s super account?
Non-residents can make super contributions, but check with the fund around their rules.
If you contribute $30,000 short in the first three years, then in year four, are you able to contribute after tax of $110,000 plus the $30,000 short for all from years one to three?
This is difficult to answer because when you are comparing the performance of an industry fund to the performance of a self-managed super fund, it’s difficult to compare like for like.
Once the super account is a pension account, can a lump sum be withdrawn, say, after one year of receiving a pension from it?
When I receive payments from an account-based pension, I know I can put some back to my accumulation account. How is the amount put back treated? Is it a non-concessional or a concessional contribution?
Is it allowable to commute a pension, add the additional funds, and then restart a “new pension” with the increased amount, all on the same day?
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