ATO finalises guidance on transfer balance cap

The ATO has released a final version of its law companion guideline on the transfer balance cap, which provides positive clarifications for the SMSF sector.

         

 

Late last week, the ATO issued the finalised LCG 2016/9 Superannuation reform: transfer balance cap.

You can access the full guide here.

Mostly, the finalised guidelines are a confirmation of what was already issued in the draft guidelines in November last year.

“It is positive from the point of view of ratifying what we already knew, it’s nice to have that confirmation,” said Perpetual’s Colin Lewis, who is generally pleased with the comprehensiveness of the LCGs issued by the ATO.

The final version of the guidelines appears to take a more cautious approach to the transitional rule, which applies to individuals who are over their transfer balance cap by less than $100,000 as at 1 July 2017 and remove the excess by 31 December 2017, explained SuperConcepts’ Peter Burgess.

“The draft guidelines said individuals with pension balances approaching $1.7 million should carefully monitor their pension balance and ensure it doesn’t exceed $1.7 million as at 1 July 2017. The final guidelines refer to $1.6 million as the relevant threshold,” Mr Burgess said.

“Essentially, what the final guidelines are saying is that whilst you will not be liable to pay excess transfer balance tax if you exceed the transfer balance cap by an amount equal to or less than $100,000, and you remove that excess by 31 December 2017, there may be other implication as a result of you exceeding the $1.6 million transfer balance cap,” he added.

“For example, you will not be eligible for any proportional indexation should you ever commence a second pension after 1 July 2017 and if you don’t remove the excess by 31 December 2017, you will be liable to pay excess transfer balance tax.

“So individuals should be cautious, ‘lower their eyes’ and focus on the $1.6 million as being the relevant cap rather than automatically factoring in the transitional $100,000 amount.”

Mr Burgess pointed to a positive development in the explanatory memorandum, which says any breaches of the transfer balance cap committed prior to 1 July 2018 do not count as a ‘first strike’ when assessing the 30 per cent tax rate to apply to any subsequent transfer balance cap breaches.

“Under the legislation, a tax rate of 30 per cent applies to additional excess transfer balance tax assessments the individuals receive, as opposed to 15 per cent for the initial breach. However, an assessment that applies to an excess transfer balance period beginning before 1 July 2018 does not count as an earlier assessment for the purposes of assessing subsequent breaches at the 30 per cent rate,” he said.

“So whilst an individual, who is eligible for the $100,000 transitional measure, may not be entitled to any future indexation of the cap, at least their excess pension balance won’t count for the purposes of determining the 30 tax rate to apply to any subsequent transfer balance cap breaches.”

The final guidelines also provide more details about how the transfer balance cap will be applied in the event of divorce and provide further confirmation that a reversionary pension must automatically revert in order to be eligible for the 12-month grace period.

“In other words, if the trustees have any discretion over how the death benefit can be paid, and they ultimately decide to pay the benefit as a death benefit pension, a credit will appear in the recipient’s transfer balance account on the day the pension commences and the credit value will be the value of the pension at that time. If the pension automatically reverts, the credit only appears in the recipient’s transfer balance account 12 months after the date of death and the value of the credit is based on the value of the pension as at the date of death,” Mr Burgess said.

 

KATARINA TAURIAN
Tuesday, 14 March 2017
smsfadviser.com

More Articles

It’s super hump month. Make the most of it

Six ways to get more money into your super fund before 30 June . Now that we’re already almost six...

Read full article

Which country produces the most electricity annually?

https://www.youtube.com/watch?v=bTSRC3J555o Check out which Country Produce most Electricity per year...

Read full article

What does 2026 look like in the SMSF sector?

Continued growth in the sector fueled by younger trustees looking at alternative investments are on the cards...

Read full article

Three timeless investing lessons from Warren Buffett

Warren Buffett is stepping back, but his investment wisdom endures . For decades, Warren Buffett’s...

Read full article

It’s not just Div 296 that could face changes in 2026

With the objective of superannuation now firmly in place and a new draft of the Division 296 legislation out...

Read full article

2026 outlook: Economic upside, stock market downside

AI’s rapid evolution has increased its potential to become a transformative economic force, with promising...

Read full article

What had the biggest impact on the sector in 2025?

Looking back on 2025, there were several major changes that helped to re-shape the sector . Peter...

Read full article

Care needed with ceased legacy pensions

SMSF members with legacy pensions should be aware a commuted income stream may affect their Centrelink...

Read full article

Heathmont Financial Services Pty Ltd (ABN 68 106 250 104) trading as Heathmont Financial Services is a Corporate Authorised Representative (No. 262098) of Knox Wealth Management Pty Ltd (ABN 74 630 256 227), Australian Financial Services Licence Number (AFSL) 513763.

Julian McGoldrick is an Authorised Representative (No. 262098) of Knox Wealth Management Pty Ltd AFSL 513763.

Financial Services Guide - Disclaimer & Privacy Policy

^