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Cleary Hoare, Australia's pre-eminent taxation and capital protection law firm for private business, has over 30 years experience.

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Superannuation

Self Managed Superannuation Funds (SMSF)

A SMSF generally delivers increased investment choice and control while allowing members greater access to generous tax concessions. Unfortunately due to the complexity of the Superannuation Industry Supervision Act (SIS Act) and the ever changing rules and regulations, many self managed superannuation funds do not achieve full potential, leaving members with reduced retirement savings.

At Cleary Hoare, our goal is to provide you with the flexibility to allow your fund to participate in the widest range of complying investment opportunities available.  

While we do not offer investment advice, our role is to ensure that the investments you desire are structured to comply with the regulations of the SIS Act.  We also focus on using SMSFs as a vehicle to realise capital gains, which has the potential to deliver massive tax saving to members, in many circumstances reducing the tax to nil.

Strategies include:

  • Moderate indirect gearing
  • Effectively using Unit Trusts with SMSFs
  • Movement of currently owned external assets into the SMSF
  • Accessing Capital Gains Tax discounts within the SMSF environment

Tax Concessions

Your SMSF fund will either be in accumulation or pension phase. During accumulation phase, your fund is typically taxed at a maximum rate of 15%, but for many funds the benefits of imputation credits reduces this tax rate to a single figure. If your fund is in pension phase, no tax is payable on the income and capital gains on assets used to fund pension payments.

We see many clients who have missed the opportunity to use the superannuation tax concessions due to poor structuring decisions. Never has it been more attractive to use super as an effective tax planning tool.

Legislative Compliance

Another important consideration when using a SMSF is ensuring your deed is regularly updated to comply with any changes in legislation. Without a newly updated deed, you have the real possibility of not being able to access recent changes such as:

  • Splitting of contributions
  • Payment of pensions complying with SIS Act standards
  • Transition to retirement income pensions
  • Reversionary Pensions

By implementing a Cleary Hoare deed, you are assured your fund is compliant with the SIS Act.

Investment Control and Choice

As members, you set and manage the investment strategy of your SMSF. This control allows you to tailor the investment portfolio to your specific needs. Your investment decisions can take into account each member's age, existing assets, likely retirement needs, risk profile and contribution pattern in a way that is often not possible in a larger fund. Your fund has the ability to invest in shares, property, bonds, or acquire any other asset that you feel meets the investment objectives.

Our objective is to allow you access to the benefits that a SMSF offers. Cleary Hoare provides you with structural solutions that allow you to achieve your ideal investment strategy.

If you wish to know more about superannuation and Self Managed Superannuation Funds, please contact one of our specialist tax lawyers.