Q&A: What should we have in place for when an individual trustee of an SMSF passes away?
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.
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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).
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Once the super account is a pension account, can a lump sum be withdrawn, say, after one year of receiving a pension from it?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?
One of the attractions of SMSFs is their ability to invest in real property, and there are many ways trustees can go about it.
Super may be the most tax-effective retirement savings vehicle, but for those with higher balances it may be time to look at alternatives.
Remember that it is not an asset that you own. It’s owned by the trust. Even if you’re a beneficiary of the family trust, the trustee can give you income, it can assign you income, but you don’t own the assets.
You can’t currently transfer a crypto asset or holding into your SMSF. You couldn’t do it by way of an in specie contribution, and you couldn’t do it by way of the fund acquiring it from you for cash. The rules are the same.
Can I immediately, after making these contributions, transfer my accumulation super to a pension account, or do I need to wait three years due to the bring-forward?
We take a look at the proposed new tax regime for super fund members with balances above $3 million, how it will work, when it may come into play, and what you should be considering now.
In this webinar super expert Garth McNally answers recent questions from SuperGuide members.
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