STRATEGY 2 STRATEGIES FOR OLDER CLIENTS. ADVISER USE ONLY CommInsure Investment Growth Bond Strategy Series Issued: November 2015 AT A GLANCE This technical paper focuses on how advisers can help older clients with issues such as leaving investments to beneficiaries and maximising pension payments. Specifically, this paper focuses on how insurance bonds can assist with: •• •• •• •• •• age pensioners and the Centrelink income test potential tax benefits benefits in estate planning Death Benefit Guarantee providing for grandchildren. Age Pensioners and the Centrelink income test Many of your pensioner clients are assessed for their age pension by Centrelink under the Income Test rather than the Assets Test. Insurance bonds held through a family trust may provide significant advantages for these clients by maximising their pension payments calculated under the Centrelink Income Test (under attribution rules, the assets will continue to be assessed under the Assets Test). The amount of age pension received depends on family circumstances, income levels and assets. The eligibility to receive age pension is determined by both an income and assets test – the lower rate payable under the two tests applies. Income includes deemed income from financial investments. Current1 deeming rates are: •• For a single person, 1.75% for the first $48,600 of total investments, and 3.25% for any balance over $48,600; •• For a pensioner couple (both receiving a pension) or a pensioner/allowee couple (one person receiving a pension and the other receiving an allowance), 1.75% for the first $80,600 of their combined total investments, and 3.25% for any balance above $80,600. The current maximum age pension per fortnight is $867.00 for a single person and $653.50 each for couples. The base amount of income a single pensioner can receive is $162 per fortnight. This is called the Income Test free area. Where income exceeds $162 per fortnight the pension reduces by 50 cents for every dollar of income above this amount (40 cents for transitional rate pensioners). The income test free area for a couple, where both are receiving a pension is $288 per fortnight. Where the combined income exceeds $288 per fortnight, the pension reduces by 25 cents each for every dollar above this amount. 1 Centrelink rates and thresholds are as at 20 September 2015 2 Includes Medicare Levy of 2% Tax benefits Taxation on investments upon death is a large consideration for advisers, clients and beneficiaries, particularly when clients have non-dependant children as beneficiaries. In the super environment, death benefits paid to non-dependants risk tax of up to 32%2. Insurance bonds offer an alternative in these situations as they allow proceeds to be paid to any beneficiary (including non-dependants) tax free. In making a decision, it’s also important to consider the different tax environments that insurance bonds and superannuation in accumulation phase and pension phase operate in. Benefits in estate planning Leaving the potential tax benefits aside, insurance bonds can also be structured in a number of ways to solve estate-planning problems. Clients can nominate more than one beneficiary and stipulate the percentage each will receive. When a beneficiary is nominated, the proceeds will not be subject to challenges to the client’s estate, as they will not form part of the estate assets (except in NSW). Complex family situations can also be accommodated. For clients with children with a marriage at risk, insurance bonds can provide a level of asset protection for the children. Upon death of the client (i.e. the parent), bond proceeds can be paid to their estate and included in the creation of a discretionary trust in their Will for the benefit of the children. CommInsure ‘Death Benefit Guarantee’ CommInsure’s Investment Growth Bond offers another advantage for estate planning and wealth transfer in its Death Benefit Guarantee (DBG). The DBG provides certainty around the minimum amount that will be paid on the death of the last surviving life insured, which can be particularly important during times of market uncertainty. CommInsure guarantees that if the last surviving life insured dies on or prior to their 99th birthday to pay the higher of: a) The cash value of the Bond, or b) The lesser of the Net Contribution Value and the Maximum Amount. If the last surviving life insured reach their 99th birthday, the client may request a full withdrawal of the Bond and CommInsure will pay the greater of the two amounts described above. Refer to the PDS for more details on the DBG, including eligibility criteria, which requires that the youngest life insured on the policy to be aged less than 85 years of age at the policy commencement. Providing for grandchildren Where the client only wants to provide for grandchildren, bonds can be set up as a child advancement policy. Ownership would automatically transfer to the grandchild at a stipulated age (from 10 to 25 years of age), without capital gains tax consequences. It should be noted that pensioners will need to be cautious not to breach gifting rules of $10,000 per financial year or $30,000 over five years, when setting up or transferring a bond for their grandchildren. Strategies ANNE, 85 Anne is a widow who has sold her home and moved into aged care. After paying a lump sum accommodation payment of $300,000 to enter the aged care facility, she has $550,000 available to invest. Anne is income tested for age pension purposes as she receives a Comsuper pension of $24,000pa. After seeing an adviser, Anne opens a family trust and transfers $400,000 into the trust. The trust then purchases an insurance bond as its sole asset. As part of the adviser’s recommendation Anne has sought specialist legal advice to ensure the family trust ownership is properly structured. For Centrelink purposes, the value of a family trust-owned insurance bond is not deemed. The income is assessed on the adjusted net profits of the trust based on the trust’s tax return. As insurance bonds do not generate assessable Financial Assets Bank Account Term Deposit Insurance bond owned by family trust Age pension entitlement $25,000 $525,000 Using Insurance Bond Structure $25,000 $125,000 $400,000 Annual Annual Under Assets Test $14,918^ $14,918^ Under Income Test $4,075^ $10,575^ Actual pension $4,075^ Annual $10,575^ Annual $17,469 $20,891 $38,360 $17,469 $17,632 $35,101 $6,500 $3,259 Aged care costs Daily care fee Means tested fee Total aged care fees Extra age pension Reduction in aged care fees ^ Current Situation Age pension rates and thresholds are current as at 20 September 2015 and are subject to change. income, the family trust will have no assessable income from the investment bond, therefore no income will be counted under the income test, however bonds are still assessed under the assets test. By using the family trust-owned insurance bond strategy, Anne increases her age pension and reduces her means tested aged care fees. To compare Anne’s situation in the first year of the strategy: By investing $400,000 in a family trust which invests in an insurance bond, Anne has reduced her assessable income for both age pension and means tested fee purposes. Anne receives additional age pension of $6,500pa and a reduction in means tested fees of $3,259pa, a total benefit of $9,759pa. It’s important to note however that prior to investing in the insurance bond, Anne was receiving interest from her term deposit at 3% pa totalling $15,750pa. By investing $400,000 in an insurance bond she has reduced her term deposit interest to $3,750. While the insurance bond is generating earnings, Anne will not receive income distributions from the insurance bond unless she makes a withdrawal from the bond. Therefore she would need to ensure she has sufficient cash flow to meet her aged care and living expenses. Tax implications also need to be considered. The insurance bond is internally taxed at 30% and this needs to be compared to the tax payable if Anne held the investments in her own name. HEATHER, 72 Heather, a self-funded retiree, has six grandchildren aged between 8 and 18. Heather’s three adult children are always bickering and she is concerned that there may be conflicts over her estate when she dies. Heather would like to set up an inheritance for each grandchild that’s safe from any family disagreements over her will. She has a couple of options including: •• Heather can set up child advancement policies for those of her grandchildren under the age of 16, using CommInsure’s Investment Growth Bond. Under this structure, which is governed by the Life Insurance Act 1995, each grandchild would be the life insured and Heather would be the policy owner. Heather would nominate a vesting age (between the ages of 18 and 25), at which time the grandchild would automatically assume full ownership and control of the policy. Until then, Heather would retain full control of the investment, including the ability to make withdrawals and switches. If Heather was to die before the vesting age, she could leave instructions in her will for the trustee of her estate to be the policy holder of the investment until the grandchildren reached vesting age. •• What about Heather’s grandchildren over the age of 16? Heather could also set up a CommInsure Investment Growth Bond for each of them, with the grandchild as the life insured and herself as the policy owner. As above, she could leave instructions in her will for the trustee to hold the policy in trust for the children until a specified age, at which time the investment would transfer to them, at the same time retaining the investment’s tax status. The advantage of the latter strategy is that Heather could instruct that the investment transfer at an age beyond 25. A further advantage is the children are not inheriting an unrealised tax liability (CGT) that might occur if actual shares were transferred to the beneficiary upon death – under the insurance bond, the only tax liability occurs if the beneficiary withdraws the proceeds within 10 years of policy commencement. CommInsure Investment Growth Bond Summary CommInsure’s Investment Growth Bond offers competitive features and product guarantees including: This strategy paper illustrates a variety of situations where insurance bonds can provide benefits to older clients. They can be used to great advantage in maximising pension payments calculated under Centrelink’s income test or to reduce aged care facility costs. In addition, the death benefit guarantee feature within the CommInsure Investment Growth Bond provides some certainty around the minimum amount that may be paid out from their policy on their death. Death benefits paid from insurance bonds are tax free in the hands of the recipients. Whereas, super death benefits paid to non- dependants risk paying death benefits tax on the taxable component of 17%1 or up to 32%1 if the death benefits are sourced in part or whole from insurance proceeds. This paper shows how insurance bonds can be a simple investment alternative in estate and tax planning. •• Range of multi-sector and single sector investment options, four of which have guarantees designed to provide certainty around the minimum value of the client’s holdings in that investment option. •• A death benefit guarantee which provides certainty on the minimum amount that will be paid on the death of the last surviving life insured. This guarantee pays back the client’s contributions to the bond (less withdrawals and fees) if this is higher than the cash value of the bond. •• Access funds at any time, with a minimum withdrawal of $1,000 ($500 for automatic withdrawals). Fees •• No establishment, contribution, withdrawal, termination or Awards switching fees apply. •• Only a management fee applies for each investment option. •• Adviser Service Fee arrangements can be established. For seven consecutive years, CommInsure’s Investment Growth Bond has been recognised as number one in the market by winning AFA and Plan for Life’s ‘Investment Bond of the Year’ award. 1 Includes Medicare Levy of 2%pa For more information please contact our InsuranceTech team on 1800 761 067. 21718/301015 CIL925 AFA Investment Bond Award Winner 2014 Things to know before you Can: This brochure was prepared by CommInsure, a registered business name of The Colonial Mutual Life Assurance Society Limited ABN 12 004 021 809 AFSL 235035 (CMLA), a wholly owned but non –guaranteed subsidiary of the Commonwealth Bank of Australia ABN 48 123 123 124 AFSL 234945 (the Group). It is for use by the Group employees and financial advisers only and is not to be issued, reproduced in whole or in part, or made available to members of the public. The taxation information, social security information and examples are of a general nature only and should not be regarded as specific advice. Case studies in this brochure are for illustrative purposes only. Certain assumptions are made and explained in each case study. Information in this brochure is based on the continuation of present taxation laws, superannuation laws, social security laws, rulings and their interpretation as at the issue date of this brochure. Advisers should refer to the relevant life company policy documents for further clarification. CommInsure is not a registered tax (financial) adviser under the Tax Agent Services Act 2009 and you should seek tax advice from a registered tax agent or a registered tax (financial) adviser if you intent to rely on this information to satisfy the liabilities or obligations or claim entitlements that arise, or could arise, under a taxation law.
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