Estate Planning - Self Managed Super Funds
Date: July 12, 2010
Authors: LAC Lawyers
Retirement is not at the forefront of most working people’s lives but it should be. As Australia’ population is aging superannuation, and saving for retirement is becoming increasingly important.
Australian workers are very fortunate that their Employers must contribute 9% of gross income to their retirement. However it is widely accepted that the statutory contribution will not provide enough savings to enable the average Australian to retire comfortably.
The appeal of Self-managed Superannuation Funds (SMSF) has been steadily growing in popularity thanks to the global financial crisis that saw a number of commercial superannuation funds take massive hits financially.
This article explores and aims to explain the basic concepts related to a SMSF and the advantages and disadvantages of establishing an SMSF.
What is Superannuation?
Superannuation is a tax structure citizens use to save for their retirement. Most people describe superannuation as a way to save for retirement during your working life. The reality is though that you don’t need to be working to belong to a superannuation fund.
Why do we need Superannuation?
Superannuation is needed to fund retirement, or if one becomes disabled, or to benefit beneficiaries.
The alternatives to superannuation are:
- Rely upon the government to provide you with an old age pension;
- Rely on family; and
- Rely on friends.
There are a few types of superannuation funds or accounts available:
- Self-Managed Superannuation Funds;
- Industry funds;
- Retail funds;
- Employer/corporate funds; and
- Government funds.
What are Self-Managed Superannuation Funds (referred to as “SMSF”)?
A SMSF is a “do-it yourself” superannuation fund that is established by a Trust Deed.
What is a trust?
A trust is a relationship created at the direction of an individual (settlor), in which one or more persons hold the individual's property subject to certain duties, e.g. to use and protect the trust property for the benefit of others (beneficiaries).
Legal Structure
- A SMSF is established by a Trust Deed.
- The assets of the SMSF are trust property.
- An SMSF can have up to 4 members.
- Each member must be a Trustee of the Trust or there must be a Corporate Trustee.
- Members cannot be employees unless they are related to one another.
Advantages of establishing a SMSF
- Control – member must determine their own superannuation investment strategy.
- Flexibility – members are not restricted to investing their superannuation into managed funds only.
- Members can pool their resources – greater buying power.
- Members have the ability to transfer their own assets into a SMSF.
- Members have the ability to handpick investments.
- Fund is transportable – if you change jobs.
Disadvantages of establishing a SMSF
- Cost – Many experts state that as a SMSF must be responsible for it’s own running costs, it is not feasible for people to have less than a combined amount of $200,000.
- Time – Ideally members should invest the time to check their investments.
- Skills required – Member may be fiscally challenged & need to undertake further study.
- An SMSF is a scheme only for retirement benefits not present day benefits – members may set up a SMSF believing that they can have an immediate benefit.
- Responsibility to members as well as the SMSF.
- Insurances are not automatically included as in commercial super funds.
Steps involved
- Find your lost superannuation accounts.
- Consolidate your superannuation accounts into one.
- Get your lawyer to prepare the forms for the structure.
Interesting Statistics
- As of March 2010 there were 403,333 SMSF in Australia.
- Each year approximately 30,000 new SMSF are established.
- The majority of members of SMSF are over 45.
- 73% of all SMSFs have over $200,000 worth of assets
Contact us now for Fast, Accurate and Timely legal advice
Phone LAC Lawyers on NSW 1300 799 888 or VIC 1300 734 638 or send us an email
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