IN THIS EDITION SMSF Trustees will now need to regularly review their Fund’s Investment Strategy New Regulations for SMSFs Investing in Collectables and Personal Use Assets Changes to Supervisory Levy _____________ 2012/2013 Concessional Contribution Limits The concessional (tax deductible) contribution limits for the 2012/2013 financial year are as follows: 50 year and over $25,000 Under 50 years $25,000 Please note the reduction for over 50s. 2012/2013 Minimum Pensions The minimum and maximum pension draw downs for the 30 June 2013 financial year are as follows: Under 65 65-74 75-79 80-84 85 – 89 90-94 Over 95 3% 3.75% 4.50% 5.25% 6.75% 8.25% 10.50% SMSF Trustees will now need to regularly review their Fund’s Investment Strategy In August 2012 amendments were made to the investment strategy requirements in the Superannuation Industry (Supervision) Regulations. There are two key changes commencing from the 2012-2013 year: • Trustees of SMSFs are required to consider, as part of their investment strategy whether the fund should hold a contract of insurance that provides insurance cover for one or more members of the fund; and • Trustees are required to regularly review their investment strategy. Previously it was only a requirement to formulate and give effect to an investment strategy. Consider Insurance Members Cover for and salary continuance (income protection) cover. The fund strategy would at least need to confirm that the trustees are aware and have considered the insurance obligation and also why they have determined that insurance cover is or is not required. Regular Review Strategy of Investment The second amendment is the need to “regularly review” the investment strategy. The term regularly is not defined. In the past most trustees would only review their investment strategy on an ad hoc basis. We would expect that to comply with the regularity provision trustees would need to review their investment strategy at least on an annual basis. A review does not necessarily mean a change in the current investment strategy. However trustees would at least need to document that a review has been undertaken and that the trustees consider that the existing investment strategy is still appropriate. The new requirement does not specify the type of insurance cover a member should have. It is also not an obligation to have cover but trustees need to give consideration What action do you need to Take? to the requirement. As part of our end of year Trustees would need to assess the administration service we will applicability of different types of prepare an annual investment cover available including: Death only strategy review minute to satisfy cover, death and total and your fund’s legislative and permanent disablement cover, Compliance obligations. However please note that this is a documentary service only and is not a substitute for investment advice. If the trustees believe that investment advice is required they should obtain this advice from a licensed financial advisor. If you believe your super fund needs to take out insurance cover on behalf of members it would be prudent to speak with a personal insurance broker who can recommend the appropriate type and level of cover and assist you with taking out the recommended policies. assets in order. What are collectables personal use items: • and Trustees must make a written record of their reasons for deciding where to store their collectables and must retain this for 10 years. Trustees must insure their collectables and personal use assets in the name of the SMSF within 7 days of acquisition. If the ownership of any collectable is transferred to a related party of the fund, the purchaser is to pay market value which is to be determined by an independent valuer. There is an extensive list of items which come under the new rules, • including: • Artwork • Jewellery • Motor Vehicles • • Wine and Spirits • Coins • Antiques • Artefacts • Recreational Boats • Books and Manuscripts • Memorabilia • Memberships of sporting Who is a related party of the or social clubs. fund? Should you require assistance with a referral to a financial advisor or personal insurance broker please What are the new rules? do not hesitate to contact our office. These rules do not replace or supersede any existing legislative New Regulations for SMSFs requirements. Existing super laws Investing in Collectables and about in-house assets, sole purpose test and use of assets by Personal Use Assets related parties continue to apply. The government has questioned the appropriateness of SMSFs However in addition the following investing in collectables and regulations must now be adhered personal use assets. Rather than to: • Collectables and personal banning investments in these use assets cannot be assets all together, the leased to any related government has prescribed a set party of the SMSF. of rules which SMSF trustees must adhere to if they wish to make • Collectables and personal such investments. The new use assets cannot be regulations apply to all stored or displayed in a investments purchased after 1 related party’s private July 2011. residence. • Collectables and personal If your SMSF purchased use assets cannot be used investments prior to this date, you by any related party of have until 1 July 2016 to get your the fund. A related party of the SMSF includes the members of the fund and any other entities that the members may control. Relatives of fund members are also included as related parties e.g. Brothers, sisters, parents, grandparents, uncles, aunts and adopted children. Should you require any further details about the new collectable and personal asset rules please contact our office. Changes to Supervisory Levy For the 2012-2013 year the Supervisory Levy will decrease to $191. From 2013-14 the levy will increase to $259. The information in this newsletter is general commentary only and should not be considered to be advice.
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