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Do the New Superannuation Laws Affect Your SMSF?

While superannuation was originally destined to provide an income in retirement, for several years, this objective was not taken seriously and it became for many people a vehicle for legal tax minimisation and estate planning purposes. The government has sought to address this by declaring in legislation that the objective of superannuation is to provide income in retirement to substitute or supplement the Age Pension.

They have introduced a range of legislative changes that will better target tax concessions to those who need incentives to save. They are limiting taxpayer support for tax-free retirement phase accounts, increasing the tax rate on some concessional contributions and making changes to the cap amounts on concessional and non-concessional contributions.

If you are a trustee of an SMSF (self managed superannuation fund), these important changes to the superannuation laws come into effect on 1 July 2017 and may affect you. That date is now alarmingly close, so if you have not yet reviewed these changes to see how they will affect your fund, now is the time to act. There are three things in particular that are important to know about, and need to be acted on before 30 June.

Retirement Pensions and the Transfer Balance Cap

You must determine if you have exceeded the $1.6 million transfer balance cap that is being introduced on 1 July. This change will put a limit on taxpayer support for tax-free retirement phase accounts, and will affect both current retirees and those yet to reach that stage of their lives.

It is important to note that this limit applies to the total value of all your pensions, and not just per superannuation fund. If you have other pensions, you will need to include the Special Value of those pensions when checking if you have exceeded the transfer balance cap. Remember that your total superannuation balance as at 30 June 2017 is used to assess your eligibility to make non-concessional contributions from 1 July so you must check this immediately.

Timing of Contributions

Make sure any contributions you make to your SMSF or any other super fund is received on or before 30 June 2017. This allows you still to use the higher limits available under the current legislation. Miss that by one day and you could exceed the new limits.

Also check to see if the bring forward provision has been triggered as this may affect the amount you can contribute both this financial year and from 1 July 2017. This could be advantageous now, as contribution limits will be reduced from 1 July for both concessional and non-concessional contributions. From that date, anyone with more than $1.6 million in superannuation will be unable to make additional non-concessional contributions.

Employer and Salary Sacrificed Contributions

If you are receiving employer contributions via the Superannuation Guarantee system, check that those for the June 2016 quarter were received by your SMSF in July 2016. These should be included in your concessional contribution cap for the 2016/2017 financial year.

Watch that you do not exceed the cap for the current year by neglecting to include salary sacrificed contributions. These are concessional and must be part of your calculations.

An Easier Alternative

These are just three of the changes that the new laws have created, placing a lot of pressure on SMSF trustees to understand the changes and make sure they have taken everything into account for the benefit of their members. If you have any doubts and you are still managing your SMSF without assistance, you still have time to contact a professional organisation such as SMSF Assure if you act now.