Archives: Investax FAQs

A Bare Trust is a crucial element of many SMSF property investments, primarily because it ensures compliance with superannuation laws, such as the “sole purpose test.” This legal requirement mandates that superannuation funds exist primarily to provide retirement benefits to members. By using a Bare Trust, you separate the legal ownership of the property from the SMSF trustee, reducing compliance risks and protecting assets. The Bare Trustee holds legal ownership but has limited powers and must follow the SMSF trustee’s instructions, minimizing their involvement and liability.

An SMSF can be beneficial for several reasons, including unique features that set it apart from other superannuation structures:

• Control: An SMSF provides you with greater control over your retirement savings, allowing you to make investment decisions that align with your financial goals and risk tolerance.
• Tailored Investments: You have the flexibility to invest in a wide range of assets, including property, shares, cash, and other investments, enabling you to diversify your portfolio.
• Cost Efficiency: For some individuals, an SMSF can be more cost-effective than retail superannuation funds, especially when the fund balance grows.
• Estate Planning: SMSFs offer estate planning options, including the ability to nominate beneficiaries and create a comprehensive strategy for the distribution of assets upon your passing.
• Tax Benefits: Depending on your circumstances, an SMSF can provide tax advantages, including potentially lower tax rates on investment income and capital gains.
• Asset Protection: In certain situations, SMSFs can offer additional asset protection benefits, although these should not be the primary reason for establishing one.
• Property Investment: An important distinction of SMSFs is the ability to use Limited Recourse Borrowing Arrangements (LRBA) to purchase property. This means an SMSF can borrow money to buy property, making it the only superannuation structure where this option is available. LRBA allows you to leverage your superannuation to invest in property, potentially accelerating wealth growth within your fund.

An SMSF is a private superannuation fund that individuals manage themselves. It allows members to have control over their retirement savings, make investment decisions, and manage compliance with superannuation laws. SMSFs are regulated by the Australian Taxation Office (ATO) and are subject to specific rules and regulations.

In most cases, a Bare Trust itself does not generate income or require the lodgement of a separate tax return. Instead, the income and tax obligations associated with the assets held in the Bare Trust are attributed to the beneficiary of the trust. The beneficiary is responsible for including any income earned from the trust’s assets in their own tax return. It’s essential to consult with a tax professional or legal advisor to ensure compliance with tax regulations and understand any specific reporting requirements related to the Bare Trust.

The tax treatment of SMSF pension payments depends on various factors, including the member’s age and the components of the pension payment. Generally, pension payments received by members aged 60 and over are tax-free. Members aged between their preservation age and 59 receive a tax offset on their pension payments. However, tax may apply to certain components of the pension, such as taxable elements in the payment.

The age requirement to start an SMSF pension depends on the type of pension. For an account-based pension, the member must have reached their preservation age, which is currently between 55 and 60, depending on the member’s birthdate. For a transition to retirement income stream (TRIS), the member can commence the pension once they reach their preservation age, even if they are still working.

When engaging an auditor to review an LRBA within your Self-Managed Superannuation Fund (SMSF), you should provide a comprehensive set of documents for examination. The exact requirements may vary depending on your specific LRBA and fund’s circumstances, but generally, you should include: Loan Agreement, Bare Trust Deed, property title deed, current market value of the property, lease agreement etc.

An SMSF must undergo an annual audit by an independent auditor. This audit is conducted at the end of each financial year and is a mandatory requirement to ensure compliance with superannuation laws and regulations.

An SMSF audit is a comprehensive review of the fund’s financial records, transactions, and compliance with superannuation laws. Key components include verifying the fund’s financial statements, assessing investment strategies, confirming contributions and benefit payments, checking for compliance with regulatory limits, and ensuring proper record-keeping. The audit also examines the fund’s compliance with the sole purpose test, the in-house asset rules, and other legal requirements.