Estate planning opportunities highlighted with work test changes

 

With the work test changes for over-65s opening up opportunities for recontribution strategies, clients may be able to even up balances and adopt tax strategies for estate planning, particularly once the bring-forward measure is passed, says a technical expert.

 

         

At the end of June, regulations came into force allowing people aged 65 and 66 to make voluntary concessional and non-concessional contributions without meeting the work test, and allow people up to age 75 to receive spouse contributions.

The other measure to allow people aged 65 and 66 to make up to three years of non-concessional contributions under the bring-forward rule is yet to be passed by the Senate.

SuperConcepts SMSF technical specialist Anthony Cullen explained that while the age at which the work test starts to apply has increased to 67, the conditions of release have remained at age 65 which opens up opportunities for recontribution strategies, particularly if the bring-forward measure is passed.

Speaking in a SuperConcepts podcast, Mr Cullen said this may enable clients to even out balances between members which could help them to maximise their transfer balance cap.

“[For example], if you’ve got a couple and let’s say the wife has $2 million and the husband only has $1 million, potentially there’s an opportunity for the wife who reaches age 65 to draw money out of her fund, after meeting that condition of release, and potentially make a contribution to her spouse,” he said.

“By the time they get to the point where they want to start a pension, hopefully both of them are closer to that $1.6 million transfer balance cap.”

Recontribution strategies could also be effective, he said, as an estate planning and “future-proofing” tool.

“The government is always tinkering with superannuation, so we never know what’s going to happen with the law, so if we have an opportunity to take out predominantly taxable components from our fund and then recontribute them as tax-free components, that may provide some future-proofing against legislative changes,” he said.

“From an estate planning point of view, when your money gets to the point where it’s flowing through to your adult children, your adult children will be paying a death tax on the taxable components, and so, if we can change those taxable components while we’re alive to tax-free components that your children will not be paying tax on, then that provides some estate planning opportunities.”

 

 

Miranda Brownlee
25 September 2020
smsfadviser.com

 

More Articles

Complex rules of small business CGT concessions can present challenges

The complex rules around small business capital gains tax concessions can eliminate tax on a business sale and...

Read full article

IGR predicts drawdowns will be major source of retirement income

Drawdowns from superannuation are projected to increase to almost six per cent of gross domestic product (GDP...

Read full article

Retirees hardest hit by inflation

Retirees are being hit harder by rising prices than the general population, with the costs that dominate their...

Read full article

The retirement gap we don’t talk about

Retirement confidence isn’t just about your nest egg, it’s about your plan.   Retirement...

Read full article

The three phases of retirement: Key decisions at every stage

Retirement starts long before your last day at work.   Retirement starts long before your last day at...

Read full article

Children as SMSF dependents very complex

The definition of children as dependants under superannuation law is not straightforward when dealing with...

Read full article

Two Cautionary Tales About Resources Important to Anyone Using a Domain Name or Website

This warning is new, but the reason for forgetting to renew a domain name isn’t.   1. Not renewing...

Read full article

Check out the smartest species on earth: Data from 200M BC to 2026

Check out the evolution of animal intelligence from the Jurassic Period (~200 million years ago) to 2026...

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

^