News : Pensions

ATO, Pensions

ATO unlikely to grant pension relief

The probability of a successful application to the ATO for the use of its discretionary powers to rectify a breach of the pension payment standards is very low.

The probability of a successful application to the ATO for the use of its discretionary powers to rectify a breach of the pension payment standards is very low.

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Pensions, Trusts

Agreement can’t redirect income stream

SMSF trustees are not bound by good faith agreements to make pension payments and must primarily follow the rules of a fund deed.

SMSF trustees are not bound by good faith agreements to make pension payments and must primarily follow the rules of a fund deed.

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Compliance, Contributions, Pensions, Tax

Min pension effects contribution status

Failing to pay minimum pension amounts can compromise the ability of an SMSF member to claim a deduction for personal contributions.

Failing to pay minimum pension amounts can compromise the ability of an SMSF member to claim a deduction for personal contributions.

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ATO, Pensions

Minimum payment discretion caution

SMSFs may cause revised pension payment rules to be applied to past failures to make minimum payments by seeking ATO discretion on those errors.

SMSFs may cause revised pension payment rules to be applied to past failures to make minimum payments by seeking ATO discretion on those errors.

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Pensions

Consider failed pension pro-rata payment

There is a possibility trustees will be required to pay a pro-rata minimum on a failed pension before it can be commuted properly.

There is a possibility trustees will be required to pay a pro-rata minimum on a failed pension before it can be commuted properly.

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Pensions, Retirement, Strategy, Tax

TBC contradicts sole purpose test

Restricting superannuation pensions via caps runs counter to the sole purpose test, which aims to pay benefits in retirement.

Restricting superannuation pensions via caps runs counter to the sole purpose test, which aims to pay benefits in retirement.

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Pensions, SMSF, Strategy, SuperStream, Tax

Pensions should not be a tax dodge

Starting a pension in an SMSF to extract large amounts of money and in the process avoiding a CGT liability may be viewed as a misuse of the fund.

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