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Pittwater Life February 2017 Issue

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Business <strong>Life</strong>: Money<br />

Business <strong>Life</strong><br />

Stay up to date through<br />

New Year housekeeping<br />

This month we look at<br />

a range of financial<br />

housekeeping matters<br />

to address in the first half of<br />

<strong>2017</strong>.<br />

Hot on the heels<br />

of changes to age<br />

pension thresholds<br />

on 1 January <strong>2017</strong>,<br />

we now have a raft<br />

of changes that will<br />

impact operation of<br />

the superannuation<br />

system from 1 July<br />

<strong>2017</strong>. The ones listed<br />

below are just the<br />

main changes and<br />

illustrate why retirees<br />

will need undertake<br />

adequate research or<br />

obtain advice to ensure their<br />

interests are protected under<br />

these new rules.<br />

n The introduction of a lifetime<br />

$1.6 million pension transfer<br />

balance cap<br />

Those lucky enough to be<br />

over the transfer balance cap<br />

on 1 July <strong>2017</strong> will be looking<br />

to balance up account holdings<br />

with their spouses so that<br />

each pensioner remains as<br />

much as possible under the<br />

threshold. This may require<br />

the sale of assets to create<br />

liquidity, checking eligibility<br />

of the member with the lower<br />

balance against the work test,<br />

checking tax-free thresholds<br />

of the member with the higher<br />

balance and checking previous<br />

contribution caps to ensure<br />

that funds can actually be<br />

transferred between members.<br />

If you do find yourself over<br />

the cap with no other options,<br />

the question will be, do you<br />

simply withdraw the excess out<br />

of super or do you transfer the<br />

excess back to accumulation<br />

phase. The legislation contains<br />

capital gains tax relief but<br />

there is thinking required<br />

around what and how assets<br />

are held given that tax is being<br />

reintroduced as an issue for<br />

some retirees. One law firm<br />

has identified a trap with the<br />

CGT relief contained in the<br />

legislation; they argue that<br />

opting for the CGT<br />

election has the<br />

effect of resetting<br />

the ownership<br />

timeclock and that<br />

assets sold inside a<br />

12-month window of<br />

making the election<br />

will not be eligible<br />

for the one third<br />

discount allowable<br />

to superannuation<br />

funds.<br />

For some larger<br />

funds that hold<br />

lumpy assets such<br />

as property, there may be an<br />

argument to create two funds<br />

– a tax-free pension fund and<br />

another taxed fund as the<br />

option of asset segregation has<br />

been limited by the legislation.<br />

The transfer balance cap also<br />

makes it necessary to look at<br />

beneficiary death nominations<br />

from 1 July as death benefit<br />

pensions will be counted<br />

against the recipient’s pension<br />

transfer cap at commencement.<br />

The government have provided<br />

a 12-month window following<br />

the date of death of the original<br />

with Brian Hrnjak<br />

pensioner for the beneficiary<br />

of a reversionary pension<br />

to consider options without<br />

potentially having to pay<br />

penalty tax.<br />

Changes of this magnitude<br />

also mean that trustees of<br />

self-managed superannuation<br />

funds should ensure that their<br />

deeds have been updated<br />

as none of these provisions<br />

are likely to have been<br />

contemplated in deeds issued<br />

before <strong>2017</strong>.<br />

n Changes to transition to<br />

retirement income stream<br />

Australia’s most popular<br />

retirement strategy is about to<br />

become a little less attractive,<br />

particularly for those under 60<br />

who pay tax on the pension<br />

income they draw from<br />

superannuation. The strategy<br />

will still work for those who are<br />

using it for the originally stated<br />

purpose which was to replace<br />

cash flow while reducing their<br />

working hours but for those<br />

who were mainly employing<br />

it as a tax strategy it is time<br />

to have another look at the<br />

benefits to see if it still stacks<br />

up.<br />

n A reduction in the<br />

concessional contribution<br />

(CC) cap<br />

50<br />

FEBRUARY <strong>2017</strong>

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