Archives: Investax FAQs

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.

The deadline for lodging an SMSF tax return is typically 28 February following the end of the financial year. However, SMSFs with a registered tax agent may have extended deadlines, which can vary. It’s essential to consult with your tax agent and ensure timely submission to avoid penalties.

Yes, an SMSF (Self-Managed Superannuation Fund) is required to lodge an annual tax return with the Australian Taxation Office (ATO). The tax return for an SMSF is known as the Self-Managed Superannuation Fund Annual Return (SMSFAR) and is submitted to report the fund’s financial activities, income, expenses, contributions, and deductions. It is an essential compliance requirement, and failure to lodge the annual tax return on time can result in penalties and the potential loss of tax concessions. SMSFs must also undergo an annual audit by an independent auditor as part of the compliance process.

Transferring existing property and assets to a trust or company for asset protection purposes is possible, but it must be done carefully and in compliance with the law. Such transfers can have tax consequences, including capital gains tax (CGT) and stamp duty. CGT may apply if the transfer results in a capital gain, and stamp duty may be levied depending on your jurisdiction. Additionally, anti-avoidance provisions are in place to prevent tax evasion through asset transfers. It’s crucial to seek legal and tax advice before proceeding to understand the implications and ensure compliance with tax laws and regulations. Each case is unique, and a tailored approach is essential to address both asset protection and tax considerations.