Pensions
Let’s Talk Understanding Account-Based Pensions An account based Pension is a Flexible Tax- effective Retirement Income stream that represents the Income phase of superannuation. Account-based
Understanding Superannuation
Superannuation is an investment vehicle designed to assist Australians save for retirement. The federal government encourages saving through superannuation by providing generous tax incentives for contributions, during investment, and in retirement.
How much is enough to retire
According to the March 2013 Westpac ASFA retirement standard, a couple needs at least $32,603 per annum (p.a) in order to maintain a ‘modest’ retirement while a single person needs at least $22,641p.a. By contrast, for a couple to maintain a ‘comfortable’ retirement, they need at least $56,317p.a while a single person needs at least $41,169p.a. It’s worth noting too, that these figures do not include the cost of renting a home or paying a mortgage. These expenses would be on top of this amount.
A modest retirement essentially means that a retiree can expect to live a little more comfortably than someone on the age pension alone, though they will still only be able to afford the most basic of leisure and recreational activities. A comfortable retirement, on the other hand, means that a retiree can enjoy a broader range of activities and will generally have a good standard of living, including the ability to travel, buy goods and services, and maintain private health insurance.
Currently the maximum age pension for couples is $33,982p.a (or $1,307 per fortnight). The maximum age pension for singles is $22,542p.a. (or $867.00 per fortnight). As a result, those retirees depending on the age pension alone will have a less-than- modest retirement in terms of spending power.
According to the association of superannuation funds of Australia (ASFA), the average Australian male currently retires with $155,000 while the average Australian woman retires with $73,000.
Source: ASFA retirement standard, March quarter 2013.
The next tables provides an indication of just how much superannuation we would need in order to provide different levels of retirement income to life expectancy.
Age | Income in retirement | Required retirement savings (Approx) |
40
| $30,000 $40,000 $50,000 | 140,000 355,000 565,000 |
45
| $30,000 $40,000 $50,000 | 160,000 405,000 640,000 |
50
| $30,000 $40,000 $50,000 | 190,000 460,000 720,000 |
55
| $30,000 $40,000 $50,000 | 230,000 520,000 815,000 |
Understanding Self Managed Super Funds
Self-Managed Superannuation Funds (SMSFs) are a highly personalised and flexible superannuation savings vehicle. Members of the fund are also the trustees, and are therefore able to determine the investment strategy and select specific investments of the fund. This provides an investor with a high degree of control over the investment portfolio, including member-directed investments.
What is an SMSF?
An SMSF, (sometimes referred to as a DIY fund) is a superannuation fund with fewer than five members, all of whom are usually family or business related.
All trustees must be members and vice versa up to a maximum of 4 with the exception of a single member fund. A single member fund must have a second trustee (all funds must have a minimum of 2 trustees), or a corporation may operate as the trustee.
Only resident funds will be complying funds for the purposes of the Income Tax Assessment Act (“ITAA”) and Superannuation industry (Supervision) (“SIS”) legislation. If a fund has elected to become regulated under SIS (a regulated fund) and the fund is a resident fund, then the fund will be classified as a complying fund, and be entitled to tax concessions.
Trustee responsibilities
Initially the fund must be established under a comprehensive and well – drafted trust deed. The fund must also have, and follow, a detailed investment strategy, which is discussed below.
In addition, trustees of SMSFs are required to:
Trustees cannot be paid with respect to their obligations or responsibilities in running the fund.
Poor and inadequate record keeping has been identified as a major problem for SMSFs. Trustees need to give this area detailed attention, as this can pose a compliance risk for funds. The Australian Taxation Office (ATO) is responsible for the regulation of SMSFs and has the power to remove the tax concessions afforded to superannuation funds, among other penalties, where a fund is found to breach the appropriate legislation and reporting requirements.
In cases where members no longer wish to undertake the trustee responsibilities, they can instead choose to appoint an approved trustee. This is an independent trustee, approved by the Australian Prudential Regulation Authority (APRA) under part 2 of SIS, who meets the relevant solvency, capital adequacy and operational capacity requirements. The fund will become a small APRA fund and be regulated by APRA instead of the ATO.
Investment Strategy
It is essential that the trustee establishes and documents a sound investment strategy that takes into account:
Trustees of SMSFs can be penalised if they fail to put an investment strategy in place. A member who suffers loss as a result of a breach of this requirement can sue the trustees to recover the loss. To ensure the trustee is protected from legal action by a member suffering any loss as a result of this breach, the underlying investments of the fund need to be considered in light of the investment strategy.
The investment/assets also need to be appropriate to meet the sole purpose test.
Sole purpose test
The sole purpose test requires that the fund be maintained for the sole purpose of providing its members with retirement benefits or providing its members’ beneficiaries or dependants with benefits in the event that the member dies before retirement. Certain other “ancillary” purposes are permitted within the sole purpose test, including payment of disability benefits for a member’s retirement due to ill health or in other circumstances approved by APRA. It is absolutely imperative that SMSF monies are kept separate from monies for other purposes (such as living expenses). This will include keeping an entirely separate set of bank accounts, investments and accounts.
Contravention of the sole purpose test may arise where there is no retirement purpose behind the investment decision, or where funds are used for non-investment purposes. It is not the type of investment which is relevant for the sole purpose test but rather it is the intention for which the investment is made and maintained that determines its appropriateness.
An investment which is undertaken as part of a properly considered and formulated strategy, and which complies with the arm’s length rule and other SIS investment restrictions, is unlikely to cause the fund to fail the sole purpose test unless exceptional circumstances exist. Failure to comply with the sole purpose test may also result in the fund becoming a non-complying superannuation fund for taxation and superannuation guarantee purposes. Employer contributions to a non-complying fund do not satisfy the employer’s obligations under the superannuation guarantee scheme.
Given the significant penalties for trustees of SMSF for breaches of legislation, it is essential that the trustee has the structure and compliance of the SMSF reviewed on a regular basis by a qualified professional. Specialised SMSF administration services may also be of assistance.
Other obligations
Trustees must also:
Legislation is currently passing through parliament that requires acquisition and disposals of assets between related parties and SMSF must be conducted through an underlying market, if one exists. If it doesn’t, the asset value must be supported by a qualified independent valuer.
Accessing your Super
While superannuation is extremely important in your overall retirement planning, you must remember government legislation preserves superannuation and restrict your excess to superannuation (including non-concessional contributions) until you meet one of the conditions of release. These conditions include:
Preservation is designed to ensure that superannuation benefits are used only for retirement.
Preservation age
Date of birth | Preservation age |
Before 1 July 1960 | 55 years |
1 July 1960 – 30 June 1961 | 56 years |
1 July 1961 – 30 June 1962 | 57 years |
1 July 1962 – 30 June 1963 | 58 years |
1 July 1963 – 30 June 1964 | 59 years |
After 30 June 1964 | 60 years |
Accessing your superannuation benefits
Once you have met a condition of release, you may retain your funds in superannuation, withdraw them from the superannuation environment, or commence a retirement income stream. The tax and social security implications of these options differ significantly.
Advantages of superannuation
Superannuation has many tax advantages making it a preferred investment strategy.
Taking your super as lump sum
The tax-free component of a superannuation benefit is generally made up of your non-concessional contributions. The taxable component of a superannuation benefit is the total value of the superannuation benefit less the tax-free component. The taxable component is generally made up of your concessional contributions as well as earnings.
When you withdraw your funds, the following taxation implications will apply for 2016/17
Component | Below preservation age | Preservation age too age 59 | Age 60 and over |
Tax free component | Tax free | Tax free | Tax free |
Taxable component | 20% Plus Medicare | First $205,000 Tax free >$205,000 17% including Medicare | Tax free |
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