Ensuring Asset Valuations: A Vital Responsibility for SMSF Trustees

Ensuring Asset Valuations:

A Vital Responsibility for SMSF Trustees

 

If you are a trustee of a self-managed superannuation fund (SMSF), you need to ensure that your fund’s assets are reflected at market value in the annual financial statements.

Our SMSF auditor will check that the assets have been valued correctly and that the basis of the valuation is appropriate.  These valuations are also reported to the ATO on an annual basis via the tax return. 

The ATO is using the data reported in the tax returns to identify funds who have recorded the same values for assets in their annual returns for the past several years (which suggests that these assets are not reported at an appropriate market value).

There are approximately 16,500 funds who have reported the same value for certain assets for at least three income years.  This includes residential and commercial property, unlisted companies and unlisted trust investments.  Furthermore, there were no auditor contravention reports listed for these funds for potential breaches of the market valuation rules for the assets.

The ATO will be sending messages to trustees of these particular SMSFs to remind them of the obligation to report assets at market values (and the next tax return will be monitored by the ATO).

If your fund fails to meet the valuation requirements, the fund and members may be required to pay additional tax and could be liable to administrative penalties. 

What do you need to do?

If you are the trustee of an SMSF, you need to review the value of the assets that you hold.  Each year, we will request evidence from you of the market value of these assets.  Often, these values will be readily available (for example, the current price of listed shares).  Other times, the services of an independent valuer may be required to confirm the valuation.  For example, if your fund holds direct real property, you need to factor in the cost of an annual valuation into the ongoing running costs of your fund.

DISCLAIMER: The information in this article is general in nature and is not a substitute for professional advice. Accordingly, neither TJN Accountants nor any member or employee of TJN Accountants accepts any responsibility for any loss, however caused, as a result of reliance on this general information. We recommend that our formal advice be sought before acting in any of the areas. The article is issued as a helpful guide to clients and for their private information. Therefore it should be regarded as confidential and not be made available to any person without our consent.

New super tax for balances over $3 million

Proposed New Tax for Superannuation Balances over $3 million

 

On 3 October 2023, the Federal Government released draft legislation proposing a 15% additional tax on earnings for individual superannuation balances that exceed $3 million.  The new measure is set to commence on 1 July 2025.

This proposed new tax will impact on individuals that have a total balance in super or more than $3 million (this is across all superannuation accounts held).

The 15% tax will be levied on the member’s account “earnings” which will be calculated as the movement between the member’s opening and closing balance for the year (after adjusting for withdrawals, contributions and other specific exclusions).  It will only apply to the proportion of an individual’s account balance that is above $3 million (so if your balance is only just over the $3 million threshold, only a small proportion of the earnings will be subject to the new tax).

This means that for individuals who have a total superannuation balance in excess of $3 million, a proportion of unrealised gains of the fund will be taxed at 15%.  This may cause a cash flow concern for the member as they will have to pay tax on gains that have not been realised (and may be held within illiquid assets).

Where there have been negative earnings, the loss can be carried forward to offset future “earnings”.  However, there is no provision in the draft legislation for the losses to be carried back to reduce prior year unrealised gains. 

As yet, there is also no provision for the $3 million threshold to be indexed.

The tax will be levied directly to the individual member (and not the superfund).  The ATO will issue an assessment to the member personally and they can elect to pay the liability personally or withdraw funds from their superfund balance to pay the liability.

We will keep you up to date on the progress of the draft legislation.  Please do not hesitate to contact us if you would like to discuss the impact of the proposals on your superannuation fund.

DISCLAIMER: The information in this article is general in nature and is not a substitute for professional advice. Accordingly, neither TJN Accountants nor any member or employee of TJN Accountants accepts any responsibility for any loss, however caused, as a result of reliance on this general information. We recommend that our formal advice be sought before acting in any of the areas. The article is issued as a helpful guide to clients and for their private information. Therefore it should be regarded as confidential and not be made available to any person without our consent.

Maximising Downsizer: A Strategy to Boost your Retirement Savings

Maximising Downsizer:

A Strategy to Boost your Retirement Savings

The Downsizer Contribution enables individuals to contribute additional money into super after selling their family home.

Eligibility

You are eligible to make a downsizer contribution if you meet the following conditions:

  1. You have reached the eligible age:
    • From 1 January 2023 – 55 years or older
    • From 1 July 2022 – 60 years or older
    • From 1 July 2018 – 65 years or older
  2. Your home was owned by you or your spouse for 10 years or more prior to sale (generally calculated from settlement of purchase to settlement of sale);
  3. Your home is in Australia (and is not a caravan, houseboat or other mobile home);
  4. The capital gain/loss on sale would be exempt (or partially exempt) under the CGT main residence exemption;
  5. You have not previously made a downsizer contribution.

How do I make the contribution?

If you meet the above conditions and can make a downsizer contribution, to make the contribution, you must:

  1. Provide your superfund with a Downsizer contribution into super form before or at the time of making the contribution (if you make multiple contributions, you must provide a form for each contribution – up to the maximum contribution limit of $300,000);
  2. Make the contribution within 90 days of receiving the proceeds of the sale (this is generally the settlement date).

How much can I contribute as a downsizer contribution?

You can make a downsizer contribution up to a maximum of $300,000 (each spouse) but the contribution can’t be greater than the total proceeds from the sale of your home.

How does a downsizer contribution differ to other types of super contributions?

The contribution doesn’t count towards any of the contribution caps (so these caps will still be available to you). 

The downsizer contributions will count towards your transfer balance cap.  This cap will be considered when determining eligibility for the age pension.

If I’m eligibility, should I make a contribution to super as a downsizer contribution?

This is a good question, and one that we are often asked as accountants.  Unfortunately, the question of should you make this contribution is one that a financial planner needs to answer for you.  As an accountant, we can give you the facts about whether or not you are eligible and the limits on what you are able to contribute.  However, we cannot advise whether you should do so.  We work closely with several financial planners and we can put you in touch with these planners.  They can provide you with holistic advice for your financial position and whether or not a downsizer contribution is right for you.

What should I do next?

If you are over the relevant age to make the downsizer contribution and you are thinking of selling your home, give us a call or book in a meeting to talk about your eligibility.

DISCLAIMER: The information in this article is general in nature and is not a substitute for professional advice. Accordingly, neither TJN Accountants nor any member or employee of TJN Accountants accepts any responsibility for any loss, however caused, as a result of reliance on this general information. We recommend that our formal advice be sought before acting in any of the areas. The article is issued as a helpful guide to clients and for their private information. Therefore it should be regarded as confidential and not be made available to any person without our consent.

Proposed Changes to Taxation of Superannuation

Proposed Changes to Taxation of Superannuation

In a joint media release on 28 February 2023, the Treasurer and Assistant Treasurer announced changes to the taxation of superannuation.  We have outlined below the information released by the Government.  Please note, draft legislation has not yet been released for consultation.  These proposed measures are not final until the legislation has been enacted.

Who is impacted?

The proposed measures will commence on 1 July 2025 and will impact on individuals who have a total superannuation balance in excess of $3 million.

What are the changes?

Where your total superannuation balance exceeds $3 million, there will be an additional 15% tax on the earnings on the balance over this $3 million threshold.  Given the existing 15% tax an accumulation balances, an additional 15% tax will mean that earnings on the balance over $3 million will be taxed at an effective rate of 30%.

How is it calculated?

The 15% additional tax is imposed on the earnings on the balance over $3 million.  The earnings will be calculated as follows:

Earnings = Closing super balance – Opening super balance + Withdrawals – Net contributions

These earnings are then apportioned to the balance over $3 million as follows:

Proportion of Earnings = (Closing super balance – $3 million) / Closing super balance

The 15% tax liability is then imposed on the proportion of earnings on the account balance over $3 million:

Tax liability = 15% x Earnings x Proportion of earnings

Example calculation

Let’s assume that your opening total super balance was $4 million and your closing total super balance was $4.5 million and that you had no contribution and no withdrawals through the year.  The calculation of your additional tax liability is as follows: 

Earnings = $4.5 million – $4 million = $500,000

Proportion of earnings = ($4.5 million – $3 million) / $4.5 million = 33%

Tax liability = 15% tax rate x $500,000 earnings x 33% = $24,750

This calculation determines that your super balance has total earnings of $500,000 for the financial year.  Two-thirds of these earnings relate to your balance below $3 million and one-third of the earnings relate to your balance above $3 million.  Tax is then imposed on the profit which has been earned on your balance over $3 million.

Who pays the tax?

The additional 15% tax will be imposed on the individual member and the member can elect that an amount be released from super to pay for the liability.  The member will receive a notice from the ATO to pay the additional tax (similar to the current Division 293 notices).

When does it come into effect?

The total superannuation balance will first be tested on 30 June 2026 and the first notice of tax liability will be issued to individuals in the 2026-27 financial year.

Things to consider

At the moment, it is reported that these changes will impact less than 80,000 people.  However, there is currently no provision for the $3 million cap to be indexed which means that with inflation, over time more people will be impacted by the changes.

The way in which “earnings” has been calculated means that tax will be imposed on unrealised gains (eg. if you hold real property in your fund and it increases in value, you will pay tax on this increase even though you haven’t sold the property).  This is a significant change as previously tax has only been imposed on realised gains.  This may present problems for funds that do not have sufficiently liquid assets to be able to fund the additional tax liability for members. 

Will this impact on me?

If you currently have a total superannuation balance in excess of $3 million (and it is anticipated to remain at this amount or higher), you will be impacted by these changes. 

If you do not currently have a superannuation balance in excess of $3 million, you should still consider the assets in your fund and whether it is possible that your account balance to increase above the $3 million threshold by 30 June 2026.

Further, you may also be considering making additonal contributions into super over the next few years which will impact on your total super balance.  For example, if you are thinking about selling your business in the next few years, you may be considering taking advantage of CGT concessions that enable you to roll some of your capital gain into super.  This may result in your balance going over the $3 million threshold.  These proposed changes should be considered when you are deciding whether to contribute additional funds into super.

What should I do?

As noted above, at the moment, draft legislation hasn’t been released.  We always advise clients to act cautiously where legislation has not yet been enacted.

However, it is also prudent for you to review your current balance and your proposed future investment into super to consider whether your balance may exceed the $3 million threshold and what impact this will have.  Even if you consider that your balance does (or may in the future) exceed the threshold, it may still be more tax advantageous for you to have the money in super.

We recommend that you speak to your financial advisors with regards to your superannuation strategy and whether this needs to be adjusted in light of the proposed changes.

We are happy to discuss these changes with you.  We note, however, that we cannot provide you with advice regarding whether it is appropriate for you to contribute or withdraw money from superannuation – this advice needs to be provided by your financial planner.  We can, however, work with you and your financial planner to calculate your tax liability based on your superannuation balance.

DISCLAIMER: The information in this article is general in nature and is not a substitute for professional advice. Accordingly, neither TJN Accountants nor any member or employee of TJN Accountants accepts any responsibility for any loss, however caused, as a result of reliance on this general information. We recommend that our formal advice be sought before acting in any of the areas. The article is issued as a helpful guide to clients and for their private information. Therefore it should be regarded as confidential and not be made available to any person without our consent.