A SMSF (Self Managed Superannuation Fund) or sometimes known as a DIY (Do-It-Yourself) superannuation fund is an individual, family or small business based superannuation fund that consists of less than five members.
Members of these funds have a higher degree of control over the funds invested.
What you can invest in
What you can invest in is determined by your investment strategy. Your investment strategy is set when you establish your superannuation fund and must be adhered to until the strategy is amended.
You can invest in various investments, which include but are not limited to:
• ASX listed securities
• Managed funds
• ASX fixed interest securities
• Securitised assets
• Real estate
• Instalment warrants
Establishment of your Self-Managed Superannuation Fund
We set up your own Self Managed Superannuation Fund (which can have up to 4 family members), where you can accumulate a variety of assets (eg Shares, Managed Funds, Property etc) for your retirement. It can even pay your life insurance and get you a tax deduction for it. Earnings are only taxed at 15% and capital gains at a low 10% (if held for more than 12 months).
We can assist you with:
• Review the appropriateness of a self managed superannuation fund for you, and
recommend the structure best suited to your needs.
• Obtain the appropriate superannuation fund deed for your circumstances and
strategies.
• Register your self managed superannuation fund with the Australian Taxation Office
(includes GST, ABN, and TFN).
• Pay your life insurance and get a tax deduction for it.Earnings taxed at 15% and capital
gains at 10% (if asset held for longer than 12 months
We will take care of the entire registration process for you and explain everything you need to know.
Maintaining Compliance
We provide a full hassle free service where we prepare all the statutory documents required to ensure that you and your SMSF meet all of your statutory obligations under both the Income Tax Assessment Act and the SIS Act and Regulations.
We can assist you with:
• Preparation of annual Member Statements.
• Preparation of SMSF financial statements
• Preparation of annual Income Tax Return.
• Independent audit and Actuarial Report
• Reviewing deeds to ensure compliance with existing legislation
When the time is right your Superannuation Fund can be converted into a Pension Fund for you and your partner we can assist you with:
• Running your own pension to provide income for your retirement
• Actuarial reviews to ensure you pay no tax on any income or capital gains earned in your
superannuation fund whilst in retirement.
• Maximise capital gains tax relief.
• Independent audit and Actuarial Report
• Reviewing deeds to ensure compliance with existing legislation
Most SMSF contraventions fall into the following categories:
Loans to members or relatives
SMSF’s are prohibited from lending money or providing any financial assistance using the fund’s resources to a member or a member’s associate. For example, payment of personal expenses by the fund.
Breaches of in-house asset rules
The fund cannot acquire or hold in-house assets that are valued at more than 5% of the market value of total assets. In simple terms, an in-house asset is a loan, investment, or lease arrangement with a related party. If a fund has in-house assets, a review is required on a yearly basis to determine if the assets remain below the 5% level.
Assets not in the name of the trustee
The fund’s assets cannot be held in the name of individual or corporate trustees in their own capacity, but must be held in their capacity as the trustee of the fund.If the assets are not in the correct name, the fund’s assets are placed as risk as they are not identified as being owned on behalf of the fund.
Breaches of sole purpose test
A SMSF must be maintained solely for the purpose of:
• each member on or after their retirement; or
• a member’s legal personal representative or the member’s dependants after the death
of the member.
The fund is not permitted to provide any benefits to a member or their associate (e.g. renting a residential property owned by the fund to a member, or hanging artwork owned by the fund on the member’s wall).
Unauthorised borrowings
A SMSF is generally prohibited from borrowing money or maintaining an existing borrowing of money. An exception is instalment warrants, and even with these, trustees must ensure they comply with the very strict rules.