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26 April 2024
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The High Court recently ruled that the traditional three-year lapsing binding death benefit nominations do not apply to SMSFs, but many SMSF trust deeds contain specific provisions on how the nomination must work.
Awareness of common misunderstandings in relation to the payment of death benefit pensions can assist in estate planning matters. Given the large amounts involved, seeking professional advice helps.
A recent case highlights the importance of SMSF trustees exercising discretion to pay death benefits in good faith, with real and genuine consideration and in accordance with the purpose of the conferred power.
The 17% tax on the taxable component of superannuation paid to non-dependants upon death acts like a death duty, and it's worthwhile finding out how to avoid it using legal means.
By understanding superannuation law and implementing the right structure, SMSF members can ensure their super is passed onto their heirs after death with a minimum of fuss.
SMSF trustees should understand the tax consequences when death benefits include insurance proceeds because it can vary greatly according to circumstances, and these should be planned for in advance.
Unlike the rest of a person's estate assets, a will has no power over the decisions of trustees of a superannuation fund when it comes to the payment of a death benefit.
Transferring a death benefit pension can be complicated but new legislation from 1 July 2017 simplifies the process.
Falling into bankruptcy is rarely a planned event, and can leave little to start over. Recent court decisions provide confidence that when Plan A fails, superannuation is a good Plan B.
Superannuation death benefits paid to adult children can incur a heavy tax impost, but there are strategies available to avoid paying more tax than necessary. It's not always possible to know when you'll die.
The ATO has released all the superannuation rates and thresholds that will apply from 1 July 2024. Here's what’s changing and what’s not, and some key considerations and opportunities in the lead up to 30 June and beyond.
Life has radically shifted with my brain cancer, and I don’t know if it will ever be the same again. After decades of writing and a dozen years with Firstlinks, I still want to contribute, but exactly how and when I do that is unclear.
Australia will have 3.7 million more people in a decade's time, though the growth won't be evenly distributed. Over 85s will see the fastest growth, while the number of younger people will barely rise.
Being rich is having a high-paying job and accumulating fancy houses and cars, while being wealthy is owning assets that provide passive income, as well as freedom and flexibility. Knowing the difference can reframe your life.
Investor disgust, consolidation, de-listings, price discounts, activist investors entering - it’s what typically happens at business cycle troughs, and it’s happening to LICs now. That may present a potential opportunity.
The $3 million super tax will capture retired, and soon to retire, public servants and politicians who are members of defined benefit superannuation schemes. Lobbying efforts for exemptions to the tax are intensifying.