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Pros and cons of self managed super funds
Agenda

 What is an SMSF?

 Who is involved in running an SMSF?

 Trustee requirements

 Advantages and disadvantages

 Investment management

 Case studies
What is a SMSF?

 Designed for people looking for greater control and choice over
  their retirement savings

 Must have 4 or less members in the fund

 Suited to family members or close business associates

 One of the fastest growing sector in recent years - more than
  406,000 funds with assets of more than $327 billion*

   * Source: ATO – Statistical report March 2009
Who is involved in running a SMSF?

Trustees
Appointed to hold the assets of the SMSF and to                  Auditor       Australian
ensure the SMSF is operated in accordance with                                  Taxation
the trust deed
                                                                                 Office

      Trust deed
      Legal document setting out the
      rules for operating the SMSF
                                                                 Investment
                                                                  Managers             Fund
                                                                                    Administrator
          Investment strategy
          Document setting out how the SMSF’s
          investments are made


                                                                      Stockbroker
                   Members                                                              Actuary
                   Individuals for whom contributions
                   are made and for whom benefits will be paid
Trustee requirements for SMSFs

 “Self managed” means that all members are assumed to be fully
  involved and in a position to look after their own interests

 All members must be trustees, and all trustees must be
  members

 Where the trustee is a company, all members must be directors
  of the trustee company

 You can also use a professional trustee (Small APRA fund) if
  you do not wish to meet the trustee requirements
SMSF advantages

 More control over the management and investment of your
  super

 Access to a broader range of investments (eg direct shares,
  property, non-traditional assets)

 You can make ‘in specie’ transfers (eg listed securities,
  managed funds, commercial property)

 Potential to reduce the amount of tax paid by investing in assets
  paying franked dividends

 Ability to invest in instalment warrants
SMSF advantages - cont


 Minimise capital gains tax using a pension

 Ongoing and portable

 Estate planning

 Confidentiality
SMSF disadvantages

 Not cost-effective for smaller amounts of money

 Time involved in compliance related tasks and in managing
  investments

 Responsibility of ensuring that the fund complies with the law

 No access to group life insurance
Investment strategy

 The trustees must prepare and implement an investment
  strategy for the SMSF which considers:

    risk versus return

    diversification across a number of asset classes (for example,
     shares, property, fixed deposit) in a long-term investment strategy

    the ability of the superannuation fund to pay benefits as they
     become due and payable.

 The investment strategy must be reviewed and updated
  regularly
Key administrative obligations

   Have an investment strategy and review it regularly
   Keep proper records
   Keep superannuation assets separate
   Don’t lend superannuation money to members or relatives
   Don’t borrow money from the fund
   Be aware of rules when buying assets from related parties
   Don’t allow in house assets to exceed 5% of total assets
   Buy and sell assets at true market value
   Make sure contributions are allowable

From ‘Running a self-managed super fund’ issued by the ATO
Trustee’s obligations

 While service providers can be engaged to assist you to run your
  SMSF (eg accountant, fund administrator, tax agent) ultimate
  responsibility and accountability for running the fund in a prudent
  manner lies with the trustees


 Trustees or directors of corporate trustees appointed will need to
  sign a trustee declaration within in 21 days of becoming a
  trustee or director


 Significant penalties for contravention of legislative requirement.
  If an SMSF loses complying status, the fund may be taxed at
  46.5% instead of the concessional rate of 15%
Case study 1 - Direct shares

Michelle (age 47) receives a salary of $75,000 pa. She owns a
portfolio of shares and managed funds valued at $260,000.

Michelle contributes the shares and managed funds to an SMSF.

This triggers capital gains tax (CGT) for Michelle on the growth in her
portfolio.

There is an upfront cost of transferring the shares to the SMSF but
future capital gains will accrue in a low tax environment.

There will be no tax on capital gains within the SMSF if the assets are
sold in pension phase.
Case study 2 - Selling assets in pension phase

Peter (57) has an SMSF. The main asset of the fund is a rental
property purchased several years ago for $340,000. Peter intends
to sell the property to pay for his retirement.

The capital gain on the property is $210,000, which would be
reduced by 1/3 discount for assets owned more than 12 months.
The tax payable would therefore be $21,000 (15% x 2/3 x
$210,000).

This is less tax than if Peter had owned the property personally due
to the higher tax rates on individuals (ie up to 46.5%, or up to
23.25% after 50% discount for assets held more than 12 months).
Case study 2 - Selling assets in pension phase

What if Peter had commenced a pension prior to selling the
property?

Superannuation funds paying a pension do not pay tax on income
or capital gains from assets funding the pension

Peter would have saved $21,000 in tax

The ability to manage CGT highlights the advantages of an SMSF,
particularly for assets which cannot be accessed from a retail super
fund, such as direct property
Case study 3 - Business real property

Geoff (55) and Helen (51) are partners in a successful restaurant.
They currently lease the business premises, however there is an
opportunity to purchase from the current owner.

Geoff has $300,000 and Helen has $350,000 in their SMSF.

Rather than take on additional debt, they use the SMSF to acquire
the property. The SMSF then leases the property to the business
on normal commercial terms.

The investment strategy for the SMSF reflects that the purchase of
the business premises is for retirement purposes and takes into
account the estimated rental income and capital growth.
Case study 3 - Business real property

There is greater certainty for Geoff and Helen as owners (via their
SMSF) as they do not need to be concerned with lease renewals.

Capital gains on the property will accrue in a low tax environment.
CGT will not be payable if pension commenced prior to selling
property.

Lease payments deductible to partnership (at up to 46.5%) but
taxable to the SMSF at only 15%.

The use of super as a low cost source of financing for business real
property is an important advantage of SMSF for business owners.
Conclusion

 An SMSF allows greater control and choice over how your super
  is invested

 Potential tax benefits

 More cost effective as fund size increases

 Important to be aware of compliance obligations
Disclaimer

Important information
This presentation has been prepared by Charter Financial Planning (AFSL Number 234665) to
provide you with general information only. It is not intended to take the place of professional
advice and you should not take action on specific issues in reliance on this information. It is not
intended that it be relied on by recipients for the purpose of making investment and/or business
decisions. Before making an investment decision, you need to consider (with or without the
assistance of an adviser) whether this information is appropriate to your needs, objectives and
circumstances. You should obtain a copy of any relevant Product Disclosure Statement (PDS)
before making a decision to invest in any financial product. Copies of PDS can be obtained from
your adviser or by contacting us. Every effort has been made to ensure that the presentation is
accurate, however it is not intended to be a complete description of the matters described. Neither
 Viridian Wealth Management Pty Ltd or Charter Financial Planning gives any warranty as to the
accuracy, reliability or completeness of information which is contained in this presentation. Except
insofar as any liability under statute cannot be excluded, Viridian Wealth Management Pty Ltd,
Charter Financial Planning, it's employees, and authorised representatives do not accept any
liability for any error or omission in this presentation or for any resulting loss or damage suffered
by the recipient or any other person. This information is provided for persons in Australia only is
not provided for the use of any person who is in any other country.
Questions




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Pros and cons of self-managed super funds

  • 1. Pros and cons of self managed super funds
  • 2. Agenda  What is an SMSF?  Who is involved in running an SMSF?  Trustee requirements  Advantages and disadvantages  Investment management  Case studies
  • 3. What is a SMSF?  Designed for people looking for greater control and choice over their retirement savings  Must have 4 or less members in the fund  Suited to family members or close business associates  One of the fastest growing sector in recent years - more than 406,000 funds with assets of more than $327 billion* * Source: ATO – Statistical report March 2009
  • 4. Who is involved in running a SMSF? Trustees Appointed to hold the assets of the SMSF and to Auditor Australian ensure the SMSF is operated in accordance with Taxation the trust deed Office Trust deed Legal document setting out the rules for operating the SMSF Investment Managers Fund Administrator Investment strategy Document setting out how the SMSF’s investments are made Stockbroker Members Actuary Individuals for whom contributions are made and for whom benefits will be paid
  • 5. Trustee requirements for SMSFs  “Self managed” means that all members are assumed to be fully involved and in a position to look after their own interests  All members must be trustees, and all trustees must be members  Where the trustee is a company, all members must be directors of the trustee company  You can also use a professional trustee (Small APRA fund) if you do not wish to meet the trustee requirements
  • 6. SMSF advantages  More control over the management and investment of your super  Access to a broader range of investments (eg direct shares, property, non-traditional assets)  You can make ‘in specie’ transfers (eg listed securities, managed funds, commercial property)  Potential to reduce the amount of tax paid by investing in assets paying franked dividends  Ability to invest in instalment warrants
  • 7. SMSF advantages - cont  Minimise capital gains tax using a pension  Ongoing and portable  Estate planning  Confidentiality
  • 8. SMSF disadvantages  Not cost-effective for smaller amounts of money  Time involved in compliance related tasks and in managing investments  Responsibility of ensuring that the fund complies with the law  No access to group life insurance
  • 9. Investment strategy  The trustees must prepare and implement an investment strategy for the SMSF which considers:  risk versus return  diversification across a number of asset classes (for example, shares, property, fixed deposit) in a long-term investment strategy  the ability of the superannuation fund to pay benefits as they become due and payable.  The investment strategy must be reviewed and updated regularly
  • 10. Key administrative obligations Have an investment strategy and review it regularly Keep proper records Keep superannuation assets separate Don’t lend superannuation money to members or relatives Don’t borrow money from the fund Be aware of rules when buying assets from related parties Don’t allow in house assets to exceed 5% of total assets Buy and sell assets at true market value Make sure contributions are allowable From ‘Running a self-managed super fund’ issued by the ATO
  • 11. Trustee’s obligations  While service providers can be engaged to assist you to run your SMSF (eg accountant, fund administrator, tax agent) ultimate responsibility and accountability for running the fund in a prudent manner lies with the trustees  Trustees or directors of corporate trustees appointed will need to sign a trustee declaration within in 21 days of becoming a trustee or director  Significant penalties for contravention of legislative requirement. If an SMSF loses complying status, the fund may be taxed at 46.5% instead of the concessional rate of 15%
  • 12. Case study 1 - Direct shares Michelle (age 47) receives a salary of $75,000 pa. She owns a portfolio of shares and managed funds valued at $260,000. Michelle contributes the shares and managed funds to an SMSF. This triggers capital gains tax (CGT) for Michelle on the growth in her portfolio. There is an upfront cost of transferring the shares to the SMSF but future capital gains will accrue in a low tax environment. There will be no tax on capital gains within the SMSF if the assets are sold in pension phase.
  • 13. Case study 2 - Selling assets in pension phase Peter (57) has an SMSF. The main asset of the fund is a rental property purchased several years ago for $340,000. Peter intends to sell the property to pay for his retirement. The capital gain on the property is $210,000, which would be reduced by 1/3 discount for assets owned more than 12 months. The tax payable would therefore be $21,000 (15% x 2/3 x $210,000). This is less tax than if Peter had owned the property personally due to the higher tax rates on individuals (ie up to 46.5%, or up to 23.25% after 50% discount for assets held more than 12 months).
  • 14. Case study 2 - Selling assets in pension phase What if Peter had commenced a pension prior to selling the property? Superannuation funds paying a pension do not pay tax on income or capital gains from assets funding the pension Peter would have saved $21,000 in tax The ability to manage CGT highlights the advantages of an SMSF, particularly for assets which cannot be accessed from a retail super fund, such as direct property
  • 15. Case study 3 - Business real property Geoff (55) and Helen (51) are partners in a successful restaurant. They currently lease the business premises, however there is an opportunity to purchase from the current owner. Geoff has $300,000 and Helen has $350,000 in their SMSF. Rather than take on additional debt, they use the SMSF to acquire the property. The SMSF then leases the property to the business on normal commercial terms. The investment strategy for the SMSF reflects that the purchase of the business premises is for retirement purposes and takes into account the estimated rental income and capital growth.
  • 16. Case study 3 - Business real property There is greater certainty for Geoff and Helen as owners (via their SMSF) as they do not need to be concerned with lease renewals. Capital gains on the property will accrue in a low tax environment. CGT will not be payable if pension commenced prior to selling property. Lease payments deductible to partnership (at up to 46.5%) but taxable to the SMSF at only 15%. The use of super as a low cost source of financing for business real property is an important advantage of SMSF for business owners.
  • 17. Conclusion  An SMSF allows greater control and choice over how your super is invested  Potential tax benefits  More cost effective as fund size increases  Important to be aware of compliance obligations
  • 18. Disclaimer Important information This presentation has been prepared by Charter Financial Planning (AFSL Number 234665) to provide you with general information only. It is not intended to take the place of professional advice and you should not take action on specific issues in reliance on this information. It is not intended that it be relied on by recipients for the purpose of making investment and/or business decisions. Before making an investment decision, you need to consider (with or without the assistance of an adviser) whether this information is appropriate to your needs, objectives and circumstances. You should obtain a copy of any relevant Product Disclosure Statement (PDS) before making a decision to invest in any financial product. Copies of PDS can be obtained from your adviser or by contacting us. Every effort has been made to ensure that the presentation is accurate, however it is not intended to be a complete description of the matters described. Neither Viridian Wealth Management Pty Ltd or Charter Financial Planning gives any warranty as to the accuracy, reliability or completeness of information which is contained in this presentation. Except insofar as any liability under statute cannot be excluded, Viridian Wealth Management Pty Ltd, Charter Financial Planning, it's employees, and authorised representatives do not accept any liability for any error or omission in this presentation or for any resulting loss or damage suffered by the recipient or any other person. This information is provided for persons in Australia only is not provided for the use of any person who is in any other country.

Editor's Notes

  1. This disclaimer is something I’ll leave up while we discuss your questions. It’s important to note that this presentation is intended as an information session, and that before making any financial decisions you should seek individual advice about your specific circumstances.