• JCMB Consulting

    Self-managed Superannuation Fund Audit and Consulting Services

     

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  • JCMB Consulting

    Trusted, Experienced, Professional - Superannuation Services in Inverloch

     

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I HAVE AN ACCOUNT BASED PENSION SO IT’S OK NOT TO WITHDRAW MY MINIMUM PENSION BENEFIT FOR THE 2018 YEAR AS I CAN ALWAYS MAKE IT UP LATER

IT’S ACTUALLY NOT OK, there can be serious tax consequences for the fund if you do not withdraw your minimum pension this year. These include:

  • No tax exemption – the SMSF may not be entitled to the tax exemption under the superannuation legislation in respect of income (and net capital gains) derived from pension assets for the entire income year, and
  • No more transfers of assets in specie to count toward your minimum pension – from 1July 201  7, the fund can no longer transfer assets in specie that count towards your minimumpension. Note that asset transfers in specie are still allowed, but the minimum pension must be paid in cash.

No – any penalties are to be paid personally.

The ATO can impose penalties on Trustees ranging from $2,100 to $12,600 for breaches of legislation, such as lending money to a member or relative.  
However, this penalty must be paid from personal funds.

With the use of lots of acronyms and references to legislation, superannuation can certainly sound like a different language.  I will use this segment for the next few months to try to explain some of these terms in simple English.

 

Related Party

There are restrictions on the way your fund can deal with related parties. A 'related party' of your fund includes:

  • all members of your fund

  • associates of fund members, which include

    • the relatives of each member

    • the business partners of each member

    • any spouse or child of those business partners

    • any company the member or their associates control or influence

    • any trust the member or their associates control.

 

  • standard employer–sponsors, which are employers who contribute to your super fund for the benefit of a member, under an arrangement between the employer and a trustee of your fund

  • associates of standard employer–sponsors, which include

    • business partners and companies or trusts the employer controls (either alone or with their other associates)

    • companies and trusts that control the employer.

 

A relative of a member means any of the following:

  • a parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child of the member or their spouse

  • a spouse of any individual specified above.

I can have my residential premises held by my fund, as long as I also run a business from home.

No - Not really!

You are allowed to own your business property in your fund, and there may be many advantages to the business and the fund to do so, but that doesn’t mean a home business can be owned by the fund!

There are many issues to consider in this scenario and you will need specialist advice, however the general rule is that you cannot live in a property that is owned by your fund.

With the use of lots of acronyms and references to legislation, superannuation can certainly sound like a different language.  I will use this segment for the next few months to try to explain some of these terms in simple English.

Governing Legislation - SISA and SISR
Superannuation Funds are governed by their Trust Deed, as well as the requirements of SISA – Superannuation Industry (Supervision) Act 1993, and SISR - Superannuation Industry (Supervision) Regulations 1994.


These requirements set out rules for the Trustees of super funds to follow in the composition of the Trustees, decision-making, investing, accepting contributions, paying benefits and the everyday operations of the Fund.


You will note in the Fund Audit Report a list of SISA Sections and SISR Regulations that the Auditor is required to report on.  These are not the only sections or regulations that apply to the Fund, but are the ones that the ATO is interested in monitoring through the process of the external audit.


In addition to SISA and SISR, the responsibilities of Trustees are set out in the Trust Deed, Trust Law, Common Law and the Corporations Act (if the Trustee is a company).

 

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JCMB Consulting Pty Ltd
PO Box 480, Inverloch, VIC 3996


 
ABN 86 768 265 615
Michele Beattie – Principal


C.A., B. Commerce (Melb), Approved SMSF Auditor / SMSF AUDITOR NUMBER - 100 087 330


Liability limited by a scheme approved under Professional Standards Legislation

Michele Beattie is an Authorised Representative No. 001242630 of the SMSF Advisers Network Pty Ltd - ABN 64 155 907 681
An Australian Financial Services Licensee - AFSL No 430062 - http://www.smsfadvisersnetwork.com.au
JCMB Consulting is a Corporate Authorised Representative No. 001242634