Protecting your finances and planning your estate after retirement

In a previous article we wrote about Centrelink deeming income.  In particular, the structure used to hold your assets can result in you being eligible for some Centrelink payments that you would not be eligible for if your assets are not structured correctly.

 Most readers of this article will be either close to retirement or already there.  Everybody will have different tax and financial needs but something everyone will have in common is protecting your assets no matter how big or little they are.

 At a time where your loved ones want to grieve, they do not want to be worrying about where your will is and sorting out your finances.  In addition, you have worked hard to amass what little or grand assets you have so don’t let them go to waste.

Prepaid Funerals

Whilst these are not a tax deduction they are also not classed as an asset by Centrelink.  Therefore if you have some cash sitting around, prepaying for your funeral reduces the burden on family, locks in a price at today’s rates and reduces your assets with Centrelink potentially making you eligible for some further benefits.

 Wills and super

Most people either do not have a will, or it is not up to date.  Do you know where your will is?  Remember your superannuation may not form part of your estate and as such you may need a binding death nomination within your super fund.  Did you know that you can reduce the amount of estate taxes paid by ensuring the right person is the beneficiary of your super?  This can apply to the rest of your assets too.

 Access to bank accounts where only one signatory

Do you have a bank account where your spouse is not a signatory?  Does that account get used to pay the bills?  If so, your family could potentially have difficulty in paying your bills when the account is frozen once you are no longer there to access it.  An enduring power of attorney can be put in place to avoid this issue.

 SMSF

If you have a Self Managed Super Fund and you are individual trustees, your fund becomes non-complying upon the loss of one of the trustees.  This can be avoided by having the executor of your estate step in but also through having a corporate trustee.

 Insurance

Ensuring you are adequately covered and the right entity holds the insurance is vital.

 Investment Properties

As per our previous article on deemed income, holding the property as an individual is generally the best way to go unless you are a property tycoon.  However there are pros and cons of holding the property in a trust or a company.  When to sell is another commonly asked question.  Timing is very important when it comes to selling an asset that may have a capital gain as it makes a difference to the amount of tax you have to pay.

 As you are reading this article you may be thinking of a number of questions.  Give us a call for a free consultation to discuss these matters in more detail or alternatively sign up to our monthly email newsletter by providing us your email address. These monthly editions give advice, tips and up to date information on current and emerging laws.

Posted in Retirement, Super

6 Ways To Legitimatly Reduce Your Tax Bill

1. Franked dividends

One of the great benefits of investing in stocks listed on the Australian market is the franking credit system – providing shareholders with a tax credit for corporate tax paid on company profits.

Take the example of a retired couple over 55 who jointly own a $1 million share portfolio, producing a fully franked yield of 5%. The grossed-up dividend (which takes into account the value of the franking credits) is 7.14%. This means that in the first year, the portfolio would produce combined cash dividends of $50,000 plus $21,428 in franking credits.

As the couple in this case study has no other taxable income (their superannuation pensions are not included in their taxable income), they will receive a cash refund totaling about $14,000 for excess franking credits. (Excess franking credits occur when franking credits exceed the amount of tax payable.)

2. Franked dividends in super

What if the same $1 million portfolio were held in, say, a self-managed super fund whose assets support the payment of superannuation pensions to each spouse? The key to this tax position is that superannuation assets backing the payment of a pension are not taxable. If the fund – for the sake of simplicity in this example – held no other assets apart from the $1 million, fully franked portfolio, it would receive a cash refund of all $21,428 for excess franking credits.

Under superannuation law, a person can take a transition-to-retirement pension from age 55, and their super assets supporting the pension immediately gain this tax-free treatment. And if the members receiving the pension are over 60, the pension payments are tax-free in their hands.

3. Income-splitting

One of the simplest ways to reduce tax is to hold nonsuperannuation investments jointly or in the name of a lower-earning spouse. Another way to split income to reduce tax is to setup a discretionary trust to distribute income and capital gains to adult family members with low tax rates.

Be warned, individuals under 18 are no longer be eligible for the low-income tax offset on their so-called unearned income (such as dividends, interest and rent). This means that unearned income paid to children – perhaps through family trusts – is subject to the full penalty rates applying to minors.

4. Salary-sacrificed super

This is the last tax year before the standard cap for concessional contributions by members over 50 is halved from $50,000 to the indexed $25,000 cap that already applies to other fund members. (Members over 50 with low super savings will not have their concessional caps halved.)

Concessional contributions comprise superannuation guarantee and salary-sacrificed contributions as well as personally- eductible contributions by the selfemployed and eligible investors. The immediate tax benefits of maximising salary-sacrificed and personallydeductible are that the amounts within the annual contribution caps are taxed at 15% upon entering the concessionally-taxed super system – instead of marginal tax rates.

5. Transition-to-retirement pensions

The strategy of taking a transition-to-retirement pension while simultaneously making salary sacrificed contributions  otentially can produce excellent tax breaks that should not be ignored.

The strategy has four main tax advantages. Salary-sacrificed contributions are taxed at 15%, not marginal tax rates; the taxable portion of the pension is taxed at marginal rates with a rebate of up to 15% to age 60; and the pension is tax-free from age 60. And most importantly for members with larger balances is that super fund assets backing the pension payments are tax-exempt.

Further, amounts taken as a transition-toretirement pension – a set minimum must be taken each year – can be recontributed to super as nonconcessional contributions, which have an annual contribution cap of $150,000. The making of non-concessional contributions will help minimise tax on any of your super death benefits eventually paid to non-dependants including financially independent adult children. And, of course, large contributions will replenish or boost super balances.

6. Small business CGT concessions

These concessions together with the standard discount CGT discount for assets held at least 12 months means that owners of eligible small businesses can potentially greatly reduce or wipe-out capital gains tax upon the sale of their enterprises – even if there have been multi-milliondollar gains.

Astute business owners keep a close watch on whether their businesses remain eligible for the small business CGT concessions and gain a full understanding of how the various concessions operate. It is possible to adopt a series of strategies so a business remains eligible for the concessions as long as possible.

Posted in Tax, Tax Minimisation