Self-managed superannuation is an integral part of our wealth management services offered to our private clients. Our superannuation team is experienced in structuring and implementing integrated wealth management and protection strategies involving superannuation, estate planning and asset protection, as well as considering and restructuring broader family group structures such as discretionary and unit trusts.

We also ensure our recommended strategies are consistent with your personal and financial goals, including optimizing the tax and insurance outcomes.

We work closely with your accountant, financial planner and/or insurance adviser to ensure we achieve the best superannuation solutions for you.

We have extensive expertise in advising self managed superannuation fund trustees and members on all aspects of superannuation, estate planning and taxation, including:

Document preparation services

  • Establishing and varying fund deeds, including advising on and addressing misplaced fund deeds
  • Appointing and removing fund trustees, as well as preparing enduring powers of attorney (financial and appointing trustees where members are residing overseas
  • Preparing and advising on binding death benefit nominations, including complex cascading nominations, and the establishment of non-commutable pensions payable to eligible superannuation dependants
  • Preparing the documents to record the payment of account-based pensions and market-linked income streams, as well as reversionary pensions and non-commutable pensions, and the commutation of pensions
  • Advising on and preparing superannuation proceeds trusts to ensure superannuation death benefits are quarantined for superannuation tax dependants, while ensuring the flexibility of a trust structure
  • Limited recourse borrowing arrangements that comply with superannuation, tax and trust laws
  • Preparing tailored unit trust deeds, unitholder agreements and shareholder agreements that are consistent with the requirements of superannuation law

Advisory services

  • Regulatory compliance advice under the Superannuation Industry (Supervision) Act 1993 (Cth) including issues concerning the sole purpose test, acquisition and in-house asset rules, borrowing, requirement to formulate and implement an investment strategy, to act in the best interests of members and on arm’s length terms, as well as other prudential requirements
  • Advice on complex company and unit trust arrangements involving related and unrelated parties, as well as pre-1999 unit trusts
  • Property and other asset transactions (including in specie contributions and distributions) between fund trustees and related parties, including advising on the tax considerations such as capital gains tax, GST and claiming stamp duty exemptions (where applicable)
  • Advice on undertaking property development involving self managed superannuation funds, including related party developers and agency agreements
  • Contribution, benefit and pension strategies in light of changes to superannuation and tax laws, and ensuring relevant conditions of release are satisfied
  • Making deductible and spouse contributions and the associated requirements, as well as managing excess contributions
  • Advising on the fund structure, including residency requirements and situations where a member has lost capacity
  • Bankruptcy and asset protection strategies to protect superannuation benefits
  • Establishing and maintaining reserves in light of the view of the ATO on fund reserves, including assisting in preparing a reserving strategy
  • Advising on superannuation income streams, including non-commutable account-based pensions, market linked pensions and legacy pensions such as life time complying pensions and flexi pensions in light of the transfer balance cap, including the taxation of pensions
  • Advising on employer contribution requirements, including salary sacrifice arrangements, superannuation guarantee contributions and categories of employee payments that are subject to superannuation, choice of fund requirements and the superannuation guarantee charge
  • Advising on fund succession issues, including successor director strategies and managing complex issues arising within blended families
  • Superannuation issues on the breakdown of relationship and divorce, including documenting superannuation splits under binding financial agreements and court orders
  • Deductibility of insurance premiums and taxation of insurance proceeds, including strategies to maximise the tax-free component of insurance proceeds on death
  • Winding up self-managed superannuation funds, including advising on ATO requirements

Dispute resolution services

  • Reviewing the fund history and document chain and advising on the payment of death benefits in dispute situations
  • Managing and advising fund trustees and members on death benefit disputes and the trustee’s superannuation and trust law requirements, including the trustee’s fiduciary obligations and strategies to prevent trustee discretion being challenged
  • Liaising and negotiating with the ATO in relation to fund audits and voluntary disclosures where the fund has contravened superannuation and tax laws
  • Representing fund trustees during in-house facilitations with the ATO
  • Liaising with the ATO regarding employer superannuation obligations, including the superannuation guarantee charge and the distinction between employees and contractors for superannuation law purposes

Thought Leadership & Past Experiences

Disqualification of superannuation fund trustees – not as easy as the ATO thinks

As the regulator of self managed super funds, the ATO may disqualify people as trustees, or as directors of corporate trustees, of self managed superannuation funds in certain circumstances.  Broadly, those circumstances are where the person is considered not to...
20 July, 2021