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Self Managed Superannuation Funds – Protecting Your Future

A simple look at protecting your super

Insurance forms the backbone of any successful financial or estate planning strategy. In fact, most of us insure for the possibility of an accident with our car, our house and even our overseas trip – but often don’t think about insuring something guaranteed to occur: our death.

Insuring for your death makes sense, because it is inevitable, it is unavoidable, it is a cold, hard fact rather a gamble. What you do have the option to do is to set your finances up in the right way today so that you can protect those you care about tomorrow.

If you want to protect your family’s ability to earn an income after that moment you stop living, we are here to advise you on the optimum course of action. Get in touch with Stantins on (03) 9818 6000 or email info@stantins.com.au.

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How can we help?

Stantins is here to talk through and arrange a number of protection options, including:

  • Helping to pay expenses such as medical and funeral costs, and to repay any outstanding debts;
  • Providing for dependent children, including covering educational expenses and passing on the family home free of any mortgages;
  • Offering ready cash to finance a transaction between business owners or partners;
  • Arranging the receipt of a death benefit from a self-managed superannuation find to a non-dependent beneficiary.

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Life insurance and death taxes

Australia does not currently require the payment of death taxes or death duties on a deceased person’s assets; however tax is required to be paid on superannuation benefits proceeds paid to non-dependent family members after the death of a member of a superannuation fund.

This taxation liability can be reduced either by through a future service period deduction (outlined later), or through a life insurance policy as shown in the following examples.

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Example 1 – without an insurance policy in place

Mr Jones was born on 1st May 1960 and died on 1st April 2009. His service period commenced 1st January 1981. His Binding Death Benefit Nomination form indicates that 100% of his members balance is to be paid to his adult son. An adult child, whilst being a superannuation death benefit dependant, is not a “tax dependent”, and as such will incur tax on the receipt of the death benefit.

Just before his death, his member’s balance was $300,000, consisting $100,000 tax-free member contributions and $200,000 taxable component. The member’s balance of $300,000 was paid to his son as a death benefit.

His son has the following tax liability upon receipt of the death benefit

  • $100,000 tax-free
  • $200,000 x 16.5% = $33,000

This leaves a net benefit in the hands of his adult son of $267,000, being $300,000 less $33,000 tax liability.

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Example 2 – with an insurance policy in place

Mr Black was born on 1st May 1960 and died on 1st April 2009. His service period commenced 1st January 1981. His Binding Death Benefit Nomination form indicates that 100% of his members balance is to be paid to his adult son. Again, this will incur tax on the receipt of the death benefit.

Just before his death, his member’s balance was $300,000, consisting $100,000 tax-free member contributions and $200,000 taxable component.

The fund maintained an insurance policy and claimed deductions for premiums paid under the policy. Upon his death, the insurer paid out $50,000 to the fund which forms part of his member account. This increases his members balance to $350,000, which was paid to his son as a death benefit.

His son has the following tax liability upon receipt of the death benefit:

  • $100,000 tax-free
  • $200,000 x 16.5%  = $33,000
  • $50,000 x 31.5%  = $15,750

Total tax liability $48,750

This leaves a net benefit in the hands of his adult son of $301,250, being $350,000 minus $48,750 tax liability.

The use of the insurance proceeds has offset the total tax liability for the adult child, and ensures that the full value of the members benefit is received to the beneficiary.

Future service period deduction

An alternative to claiming a deduction for the actual insurance premium paid is to claim a deduction when a death benefit is paid out to the beneficiary. This is known as the “Future Service Period” deduction.

This particular tax deduction is very beneficial as it can provide a superannuation fund with a substantial deduction against future tax liabilities, as shown in the following example:

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Example 3 – with future services period deduction in place

Mr Jones was born on 1st May 1960 and died on 1st April 2009. His service period commenced 1st January 1981. His Binding Death Benefit Nomination form indicates that 100% of his members balance is to be paid to his wife. His superannuation is held within a self managed superannuation fund that has been maintaining an investment reserve for some years.

Just before his death, his members balance was $300,000, consisting $100,000 tax-free member contributions and $200,000 taxable component. The fund maintained an insurance policy and claimed deductions for premiums paid under the policy. For the year ended 30th June 2009, the premiums paid were $4,000. Upon his death, the insurer paid out $300,000 to the fund which forms part of his member account. This increases his members balance to $600,000.

For the financial year ended 30th June 2009, the fund can choose to claim either of the following as a deduction:

  • Insurance premiums of $4,000;
  • Future Service Period deduction of $217,676.

In this case, the trustees choose to claim the Future Service Period deduction of $217,676.

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Any questions?

The above examples highlight the importance of understanding the role of both insurance within superannuation, and the financial impact that a future service period deduction can make to eligible members.

To deliver full financial benefits, members and trustees need to have a clear understanding of this and how it could impact on the fund. To see if your financial situation could benefits from one of these options, speak to one of our experts on (03) 9818 6000 or email info@stantins.com.au for a more personal explanation.

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Anti-Detriment Payments

Understanding anti-detriment payments in superannuation

Anti-detriment payments are one the most powerful – yet poorly understood – aspects of superannuation, and are not offered by all super funds. This factsheet will give you a simple overview of how these payments work, and highlight the financial benefits of working with a fund that offers this option.

Not all members will benefit from this option, so to assess your suitability or to receive a more personal tour of this strategy, please call one of our superannuation experts on (03) 9818 6000.

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What is an anti-detriment payment?
An anti-detriment payment is a lump sum paid to trustees of a superannuation fund upon the death of the member. It is made up of ‘clawbacked’ tax paid on any contributions made by the deceased member since 1st July 1988.

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Who qualifies for an anti-detriment payment?
Anti-detriment payments are available on death benefits paid to the deceased’s:

  • Spouse;
  • Former spouse;
  • Child (including any adult children);
  • Estate (under certain circumstances, and providing that proceeds or a portion of proceeds are distributed to the above).

An anti-detriment payment is only available on the payment of a lump sum.  Death benefits received as income streams do not attract a deduction for the fund.

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When can an anti-detriment deduction be claimed?
The basic rules of claiming an anti-detriment deduction include:

  • The fund is a complying fund;
  • The fund pays a lump sum death benefit to the deceased’s spouse, child, or estate;
  • The fund increases the lump sum by the “anti-detriment” amount.

The fund can then claim a deduction calculated as the “anti-detriment” amount divided by 15%, i.e. if a payment of $15,000 is made the tax deduction to the fund is $100,000.

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How are anti-detriment payments calculated?
The legislation itself does not provide a method to calculate the anti-detriment amount.  There are several accepted methods of calculating this amount, although the most commonly used are either:

(a)            an amount certified by the fund’s auditor;

(b)            an amount calculated in accordance with the formula set by the ATO;

(c)            an amount calculated in accordance with the Explanatory Memorandum that accompanied the original legislation.

There is no legal requirement to use one method over another.

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Can an anti-detriment payment be made through any superannuation fund?
Anti-detriment payments can potentially be made from both public offer funds and self-managed superannuation funds, provided the trust deed governing the fund allows for them to be made.

However, there is no legal obligation of the trustee of a fund to make an anti-detriment payment.

Many public offer superannuation funds will not readily offer this superannuation strategy, so it’s up to the member to enquire as to the availability of this opportunity where their superannuation is held through a public offer fund.

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How can a self-managed superannuation fund make an anti-detriment payment?
It is generally only possible to fund the anti-detriment payment option from reserves maintained by the fund.  If the fund has no reserves, then it is unlikely that the fund will be able to make the anti-detriment payment. As a result, forward planning is required to ensure the fund maintains an appropriate level of reserves for use in an anti-detriment situation.

An alternative method for funding an anti-detriment payout is via insurance. Generally, when a fund maintains a life insurance policy for a member, any proceeds from the policy form part of the members account.

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Any questions?
Long-term financial planning is required in order to set-up, maintain and receive the benefits for anti-detriment payments. To see if your future financial situation would benefits from this option, or for an answer to any questions you may have, please contact us on (03) 9818 6000 or email info@stantins.com.au.

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Example

Mr Jones was born on 1st May 1960 and died on 1st April 2009. His service period commenced 1st January 1981. His Binding Death Benefit Nomination form indicates that 100% of his members balance is to be paid to his wife. His superannuation is held within a self managed superannuation fund that has been maintaining an investment reserve for some years.

Just before his death, his members balance was $300,000, consisting $100,000 tax-free member contributions and $200,000 taxable component. The fund maintained an insurance policy and claimed deductions for premiums paid under the policy.

Upon his death, the insurer paid out $300,000 to the fund which forms part of his member account. This increases his members balance to $600,000.

  • The Anti-detriment amount calculated under the ATO method is $27,497.
  • The Anti-detriment amount calculated under the Explanatory Memorandum method is $42,318.

The trustee of the fund chooses to pay under the Explanatory Memorandum method as the fund has sufficient reserves to pay out the higher figure.

Therefore a lump sum payment of $642,318 ($600,000 + $42,318) is paid to his wife, and the fund claims an anti-detriment deduction of $282,120.