Superannuation and SMSF
Superannuation is one of the most popular and beneficial ways to invest in the future. It has been recognised as the last and greatest lawful tax minimisation strategy! If properly invested and managed, your superannuation "nest egg" will benefit from highly concessional taxation treatment and should be protected from a trustee in bankruptcy if you are declared bankrupt. It is therefore no surprise that there are stringent rules and substantial compliance measures in place surrounding Australian super.
The team at Coleman Grieg has significant expertise in the field of self-managed superannuation funds (SMSF) and offers a wide range of services, from assisting clients with setting up their own SMSF to providing advice on the strict investment restrictions contained in the Superannuation Industry (Supervision) Act.
Led by Peter Bobbin, one of Australia’s leading experts in superannuation law, we can help you to select the right strategy and implement an appropriate structure to suit your individual needs, as well as ensuring you minimise any fees and taxes payable. Where it is available, combining a superannuation and a business wealth creation strategy can drive personal opportunities.
But there are risks to manage and disasters to avoid. Generally, superannuation does not form part of a deceased person's estate and may not be 'given' under a Will. However, it is often one of the largest single assets held by an individual, consequently it is important that proper consideration be given to the superannuation estate planning. The taxation issues are potentially quite significant. Our team provides expert advice on the treatment of superannuation, superannuation taxation and superannuation estate planning.
At Coleman Greig, we can help you with all aspects of superannuation, including:
- Managing ATO investigations and audits;
- Advice to trustees of self-managed superannuation funds (SMSFs) on their legislative and compliance obligations;
- Establishment of SMSFs including the drafting of tailored fund trust deeds to meet specific personal requirements;
- Formation of special-purpose trustee companies for SMSFs, complying with superannuation legislative requirements and utilising concessional ASIC rates;
- Advice on SMSF borrowing using limited recourse borrowing arrangements, establishing the necessary structures and drafting the necessary documentation to ensure compliance;
- Alternative ways to finance SMSF property other than using limited recourse borrowing arrangements, which may prove too restrictive depending upon the circumstances;
- Documentation of SMSF limited recourse borrowing arrangements for mortgage aggregator;
- SMSF succession planning as members' age (if appropriate given family circumstances, adult children sometimes join their elderly parents' fund to assist with compliance and investment issues and to support succession goals);
- Estate planning issues for superannuation members including reversionary pensions, death benefit nominations or the more tailored and steadfast approach of writing estate planning wishes into the SMSF trust deeds;
- Advice for surviving SMSF members following the death of another member, often the spouse who may have been the most active member of the fund;
- Setting up special purpose bare trust arrangements;
- Co-ownership of property by SMSFs;
- Advice on the use of superannuation for asset protection;
- The transfer of business real estate into SMSFs;
- Reviewing and amending existing superannuation fund trust deeds; and,
- Collapsing the bare trust or limited recourse loan arrangement.
For more information, please contact our expert team or to make an appointment at one of our offices, please select from the below.