 "SMSFs - Keeping it in the Family")
Self managed super funds (SMSFs) can offer their members many benefits, but one that is often overlooked is their potential as a multigenerational wealth creation and transfer vehicle.
Family SMSFs are relatively rare. According to the most recent ATO statistics (2022-23), the majority of SMSFs (93.2 per cent) have only one or two members.i Just 6.6 per cent have three or four members and only 0.3 per cent have five or six members (the maximum allowed).
An SMSF is sometimes established when two or more generations of a family share ownership or work in a family business. The fund can then form part of a personal and business succession plan, potentially making it easier to pass on ownership and management of assets to the next generation.
With more members, SMSFs also gain additional scale, allowing them to invest in larger assets (such as property). You can add business premises to the SMSF and lease it back without violating the related parties rule and 5 per cent limit on in-house assets.ii
Reduced tax and administration costs are also a benefit of multigenerational funds.
Running a family SMSF means the costs of establishing and administering the fund are spread across more members. This can be particularly helpful for adult children just beginning to save for their retirement.
In addition, more fund members means more people to share the administrative burdens of running an SMSF, which may be helpful as you get older.
A family SMSF does not need to be automatically wound up if you die or lose mental capacity and they can simplify the process of paying out a member death benefit as well as potentially allowing it to be paid tax-effectively. Note that death benefits paid to non?tax dependent beneficiaries incur a tax rate of up to 30 per cent plus the Medicare levy.iii
More fund members also make setting up a limited recourse borrowing arrangement (LRBA) easier because their contributions reduce the fund’s risk of being unable to pay the borrowing costs. (An LRBA allows an SMSF to borrow money to buy assets)
Another advantage of an SMSF with up to six members may be when the fund begins making pension payments to older members.
If younger members are still making regular contributions, fund assets don’t need to be sold to make pension payments, which avoids the realisation of capital gains on assets.
Family SMSFs can also provide non-financial benefits, helping to transfer financial knowledge and expertise between the generations. And, while your children gain a solid financial education from participating in the running the SMSF, they can also provide valuable investment insights from a different perspective.
It is important to note that a multigenerational SMSF may not be right for everyone.
SMSFs of any size come with some risks and responsibilities. For example, if you lose money through theft or fraud, the government compensation that covers industry and retail super funds does not protect you. You are personally liable for the fund’s decisions, even if you act on advice from a professional, and your investments may not provide the returns you were hoping for.
Before you start adding your children and their spouses to your fund, it’s essential to spend time thinking about the challenges in running a family SMSF.
Fund members of different ages are at different stages in their retirement journey, with some accumulating savings and others drawing down.
This can make it tricky to administer and invest the fund’s assets in the best interests of all members.
For example, developing an asset allocation strategy catering to different life stages can be complex. Older members may prefer a strategy designed to deliver a consistent income stream, while younger members are usually more focused on capital growth.
Risk profiles are also likely to vary. Typically, younger fund members have a higher appetite for investment risk than members closer to retirement.
Family conflict can also be an issue when relationships are under pressure from divorce, blended families, and personality clashes.
The death of a parent can also create disputes over the distribution of fund assets or forced asset sales. Decisions about the payment of death benefits by the remaining trustees can derail carefully made estate plans and result in expensive legal battles.
Larger families with multiple adult children and partners may also find the six member limit an obstacle, forcing them to look at other options such as running a number of family SMSFs in parallel.
If you would look more information about establishing a family SMSF, call our office today.
How will decisions be made within the fund?
Will each member have an individual vote?
Will voting rights be proportional or in line with an individual member’s balance?
Will the voting system change as members’ balances increase (or decrease)?
Will children’s balances need to remain roughly equal, so they share equally in any asset growth?
How will the fund’s tax strategy cater for members with different incomes and ages?
How will deadlocks (such as over investment strategy) be overcome?
Who will take control if the key trustees die or becomes incapacitated?
How will the fund deal with the implications flowing from a member’s divorce?
What will happen when children have their own partners and children and want to leave and create their own SMSF?
i SMSF quarterly statistical report June 2024 | data.gov.au
ii Related parties and relatives | Australian Taxation Office
iii Paying superannuation death benefits | Australian Taxation Office
Every effort has been made to offer the most current, correct and clearly expressed information possible within this document. Nonetheless, inadvertent errors can occur and applicable laws, rules and regulations may change. The information contained in this document is general and is not intended to serve as advice. No warranty is given in relation to the accuracy or reliability of any information. Users should not act or fail to act on the basis of information contained herein. Users are encouraged to contact Rhodes Docherty & Co professional advisers for advice concerning specific matters before making any decision.
Rhodes Docherty Financial Advisors Pty Ltd ABN 43 122 391 315 is an Authorised Representative of RDC Advisors Pty Ltd, Australian Financial Services Licensee No. 396268 (Ph. (02) 8294 0988). Any advice contained in this document is of a general nature only and does not take into account the objectives, financial situation or needs of any particular person. Before making any decision, you should consider the appropriateness of the advice with regard to those matters.
Copyright Rhodes Docherty & Co © 2018. Liability limited by a scheme approved under the Professional Standards Legislation
| Tags:Rhodes DochertyinvestmentsSuperannuationNegative gearingPensionRetirementCapital GainsEstate planningASV WadesonFamilyDeath benefitsSuccession planningBusiness premisesCommercial property |
