News : Pensions

Documentation, Pensions, SMSF

Pension contracts can add legal assurance

Pension contract SMSF SIS Act

Using a pension contract to specify the rules for an income stream can offer greater legal certainty and administrative control to SMSF trustees.

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Pensions, SMSF, Tax

Act on legacy pensions before $3m cap

Division 296 $3 million cap Legacy pensions SMSF Federal budget

SMSF trustees with legacy pensions should convert or exit them to avoid an additional liability when Division 296 tax is introduced.

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Pensions, SMSF, SMSFA

Legacy pension amnesty missing

Legacy pensions SMSF Association Amnesty

The absence of an announcement declaring the government’s commitment to a legacy pension amnesty has disappointed the sector’s peak body.

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Pensions, Tax

Deeming rates freeze continues

Deeming rates Age pension Social security SMSF

Social security deeming rates will remain locked at their current level boosting income available to age pension recipients.

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Pensions, Superannuation, Tax

Excess pension payments not always tax-free

SMSF Superannuation Minimum pension Lump sum commutation Preservation age

SMSF members drawing a lump sum above their minimum pension amount are safe from any further tax, but should be aware of preservation restrictions.

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Pensions, SMSF, Technology

Check pension rollover process in software

SMSF Superannuation Divorce Pension commutation accumulation administration software

SMSF practitioners should not confuse software processes with legal requirements when it comes to rolling a pension from one fund to another.

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Pensions, Superannuation, Tax

Div 296 defined benefit rules poorly designed

Division 296 Defined benefit interest Regulation Treasury Chartered Accountants Australia and New Zealand CPA Australia Financial Advice Association of Australia Institute of Public Accountants

The draft regulations prescribing how the Division 296 tax will apply to defined benefit interests reflect the same poor design as the overall legislation, four industry bodies have claimed.

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Administration, Compliance, Pensions

Beware excess TBC tax trap

Transfer balance cap Excess transfer balance cap Notional earnings Retirement phase Commutation Pension

Exceeding the personal transfer balance cap will raise an additional tax liability for trustees when they intend to take a pension income stream.

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Pensions, SMSFA, Tax

Legacy pension amnesty sought

Division 296 tax Amnesty SMSF Association Family law split Legacy pension Lifetime pension

The government has been asked to provide an amnesty for legacy pensions from the proposed Division 296 tax in this year’s federal budget.

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Compliance, Contributions, Pensions

Caps only barrier to pension

Non-concessional contribution Pension Total superannuation balance Contribution cap

A contribution being succeeded by a pension in short order is allowable with the only barrier to the former being the relevant caps that may apply.

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