Register For Our Mailing List

Register to receive our free weekly newsletter including editorials.

Home / 143

There’s still time for some SMSFs to use 'anti-detriment' provisions

Amid all the rumours about changes to superannuation, one of the hottest is that the government will soon abolish the anti-detriment provisions.

I am referring to the ability of some superannuation funds to refund a lump sum to the member’s estate on death, in compensation for the 15% contributions tax that was deducted from their contributions during their working life.

How did this generosity start?

To understand how this unusual burst of generosity came about, you need to cast your mind back to July 1988, when Federal Treasurer Paul Keating introduced a 15% tax on deductible contributions to superannuation. Until then, there was a tax of 30% on exit, but no tax on entry.

Keating had promised there would be no new taxes during that term of government, so his method of changing the taxes was to chop the 30% tax in half, and put 15% on the front, leaving 15% on the back. Of course, the government claimed the 15% tax was not a new tax, merely a reshuffling of the existing one.

The new contributions tax was called 'detrimental' to qualifying dependants and, to compensate them, legislation was passed to enable all contributions tax paid to be refunded to the estate – hence the term 'anti-detriment provision'.

An anti-detriment payment can be made only to a spouse or former spouse of the deceased, a child of any age, or to the estate provided the ultimate beneficiaries are the spouse, former spouse or a child. It can only be made when an accumulation death benefit is paid as a lump sum, or when a pension is commuted to a lump sum on the death of a pensioner (or reversionary pensioner) within the prescribed period. This is usually three months from grant of probate or six months from the date of death.

Payments could be substantial

The calculation of the payment is complex, but in many cases the fund may use a simple formula. This is between 13.68% and 17.65% of the taxable component (excluding insurance) if the eligible service period commenced before 1 July 1988, and 17.65% for service that commenced after that date. For example, for a fund of $600,000, the anti-detriment payment could be $105,900.

As always, the devil is in the detail. The payment does not come immediately from government revenue but is created by allowing the fund a tax deduction. This means it comes from future tax payable by the fund.

Even though SMSFs can make an anti-detriment payment, it seldom happens in practice, because the payment must be made before the tax deduction can be claimed. Usually this means the fund needs to pay a benefit that is greater than the member’s account balance, and the fund needs to have substantial reserves to do this. Most don’t have them.

A worthwhile option, if you are in a position to do so, would be to withdraw a large chunk of your superannuation tax free after you turn 60, and then re-contribute it as a non-concessional contribution. For our $600,000 fund, this could increase the non-taxable component by $540,000 and reduce the tax that would be payable if the superannuation was left to a non-dependent, by $91,800. This would reduce the negative impact of any changes in the law.

Factors such as conditions of release, contribution caps and work tests all need to be satisfied, which is why expert advice is essential before adopting this strategy.

Another option, if you have an SMSF and think you are close to death, would be to roll the balance into a large retail fund. This fund may well have the ability to make an anti-detriment payment because it would be able to use up the tax concessions generated.

For some people, there is really nothing you can do to protect yourself against the removal of the anti-detriment provisions except cash in your super before your day of passing. That just leaves you the challenge of predicting this day, which should be easy compared to keeping up to date with superannuation changes.

 

Noel Whittaker is the author of Making Money Made Simple and numerous other books on personal finance. His advice is general in nature and readers should seek their own professional advice before making any financial decisions. See www.noelwhittaker.com.au.

 

RELATED ARTICLES

The case for the $3 million super tax

The mechanics of the $3 million super tax must be fixed

$5 million cap punishes 30 years of super saving

banner

Most viewed in recent weeks

Simple maths says the AI investment boom ends badly

This AI cycle feels less like a revolution and more like a rerun. Just like fibre in 2000, shale in 2014, and cannabis in 2019, the technology or product is real but the capital cycle will be brutal. Investors beware.

Why we should follow Canada and cut migration

An explosion in low-skilled migration to Australia has depressed wages, killed productivity, and cut rental vacancy rates to near decades-lows. It’s time both sides of politics addressed the issue.

Are LICs licked?

LICs are continuing to struggle with large discounts and frustrated investors are wondering whether it’s worth holding onto them. This explains why the next 6-12 months will be make or break for many LICs.

Australian house price speculators: What were you thinking?

Australian housing’s 50-year boom was driven by falling rates and rising borrowing power — not rent or yield. With those drivers exhausted, future returns must reconcile with economic fundamentals. Are we ready?

Retirement income expectations hit new highs

Younger Australians think they’ll need $100k a year in retirement - nearly double what current retirees spend. Expectations are rising fast, but are they realistic or just another case of lifestyle inflation?

Welcome to Firstlinks Edition 627 with weekend update

This week, I got the news that my mother has dementia. It came shortly after my father received the same diagnosis. This is a meditation on getting old and my regrets in not getting my parents’ affairs in order sooner.

  • 4 September 2025

Latest Updates

Shares

Why the ASX may be more expensive than the US market

On every valuation metric, the US appears significantly more expensive than Australia. However, American companies are also much more profitable than ours, which means the ASX may be more overvalued than most think.

Economy

No one holds the government to account on spending

Government spending is out of control and there's little sign that Labor will curb it. We need enforceable rules on spending and an empowered budget office to ensure governments act responsibly with taxpayers money.

Retirement

Why a traditional retirement may be pushed back 25 years

The idea of stopping work during your sixties is a man-made concept from another age. In a world where many jobs are knowledge based and can be done from anywhere, it may no longer make much sense at all.

Shares

The quiet winners of AI competition

The tech giants are in a money-throwing contest to secure AI supremacy and may fall short of high investor expectations. The companies supplying this arms race could offer a more attractive way to play AI adoption.

Preparing for aged care

Whether for yourself or a family member, it’s never too early to start thinking about aged care. This looks at the best ways to plan ahead, as well as the changes coming to aged care from November 1 this year.

Infrastructure

Renewable energy investment: gloom or boom?

ESG investing has fallen out of favour with many investors, and Trump's anti-green policies haven't helped. Yet, renewables investment is still surging, which could prove a boon for infrastructure companies.

Investing

The enduring wisdom of John Bogle in five quotes

From buying the whole market to controlling emotions, John Bogle’s legendary advice reminds investors that patience, discipline, and low costs are the keys to investment success in any market environment.

Sponsors

Alliances

© 2025 Morningstar, Inc. All rights reserved.

Disclaimer
The data, research and opinions provided here are for information purposes; are not an offer to buy or sell a security; and are not warranted to be correct, complete or accurate. Morningstar, its affiliates, and third-party content providers are not responsible for any investment decisions, damages or losses resulting from, or related to, the data and analyses or their use. To the extent any content is general advice, it has been prepared for clients of Morningstar Australasia Pty Ltd (ABN: 95 090 665 544, AFSL: 240892), without reference to your financial objectives, situation or needs. For more information refer to our Financial Services Guide. You should consider the advice in light of these matters and if applicable, the relevant Product Disclosure Statement before making any decision to invest. Past performance does not necessarily indicate a financial product’s future performance. To obtain advice tailored to your situation, contact a professional financial adviser. Articles are current as at date of publication.
This website contains information and opinions provided by third parties. Inclusion of this information does not necessarily represent Morningstar’s positions, strategies or opinions and should not be considered an endorsement by Morningstar.