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Downsizer contribution conditions clarified

SMSF members planning to make a downsizer contribution from the sale of their home will not be restricted as to the source of those funds and may instead transfer other assets of equal value into the superannuation, according to the SMSF Association.

In an update on the industry body’s website, SMSF Association technical manager Mary Simmons said the view that downsizer contributions could only be made from the proceeds of the sale of a home was incorrect and the organisation had sought clarity from the ATO on the issue of in-specie downsizer contributions.

Simmons said the association took that step after members expressed concerns about the regulator’s position on the matter stemming from statements in Law Companion Ruling 2018/9, which relates to contributing the proceeds of downsizing into superannuation.

“In particular, paragraph 62 suggests that if an individual is eligible to make a downsizer contribution, they can only make it as an in-specie contribution if they use the proceeds of downsizing to buy the asset they are contributing. This suggestion is incorrect,” Simmons said.

“The ATO recently confirmed to the SMSF Association that provided the downsizer eligibility criteria is met, there is no need to analyse how the contribution is funded, provided it does not exceed $300,000 or the total capital proceeds from the sale of the qualifying dwelling.

“This means that an individual can make a downsizer contribution as an in-specie contribution, provided the value of the asset is equal to all or part of the proceeds from the disposal of the qualifying dwelling.”

She gave the example of a couple in their 70s selling a home for $1.35 million and, having met the eligibility requirements to each make downsizer superannuation contributions of $300,000, they do so by transferring a portfolio of listed shares, which they already own individually, into their SMSF.

For the contribution to take place, the market value of the in-specie contribution of listed shares would be equal to $600,000 and an off-market share transfer form would be executed and given to the SMSF trustee within 90 days of receiving the proceeds from the sale of their home, she added.

“With the existing strict eligibility criteria that an individual must satisfy to be eligible to make a downsizer contribution, we are pleased that the ATO’s interpretation supports the intent of the law and does not see any mischief if the contribution is funded via an in-specie transfer of any asset(s) provided it is at arm’s length and permitted by section 66 of the Superannuation Industry (Supervision) Act.”

Source: smsmagazine.com.au

Running an SMSF is far from set and forget

The decision to set up an SMSF should not be taken lightly. 

Although it puts SMSF trustees on a journey towards financial self-funding in retirement, it also comes with a commitment to continually improve their knowledge about all aspects of their fund.

Running an SMSF requires a considerable amount of financial literacy.

Trustee responsibilities require a commitment of time, resources and knowledge, ranging from preparing and implementing an investment strategy, ensuring contributions are invested according to that strategy, making minimum payments when in pension phase and submitting annual tax returns and organising an annual audit.

These tasks can be undertaken with the assistance of specialist SMSF advisers. However, the ultimate responsibility for the fund sits with the trustee, who must sign off on every document.

If you get it wrong, there are consequences: falling foul of the Australian Taxation Office (ATO) could involve financial penalties as high as $50,000. If the non-compliance is serious enough, a trustee could be disqualified.

Trustees need to be on a financial self-improvement journey over the life of their SMSF.

Although much of the focus is on investment strategy, this is not the full story if the fund is to be fully compliant.

As the ATO has stated, common mistakes committed by SMSF trustees involve the sole purpose test, loans, in-house assets and the separation of assets and borrowings – better known as limited recourse borrowing arrangements.

So, how do trustees ensure they remain abreast of everything they need to know to run their SMSF?

For many, seeking out specialist advice is crucial. Significantly, most trustees do this, with 63 per cent of SMSFs established on the suggestion of a financial adviser and 81 per cent paying for advice in some form or another.

This highlights the fact trustees recognise the importance of quality advice to oversee their retirement income strategies, and, in many instances, are prepared to rely on it heavily.

Nowhere is this need for trustees to get specialist advice more crucial than in setting the fund’s investment strategy.

Over time circumstances change and trustees must respond accordingly.

The strategy must reflect the purpose and circumstances of a fund, such as the members’ retirement goals, liquidity (especially in the pension phase) or growth.
 
However, specialist advice about investment is just part of the equation. Trustees need to be aware of what is happening in financial markets, as the COVID-19 induced market sell-off early last year and subsequent rally highlighted.
 
There is no shortage of information available to help SMSF trustees. Aside from the financial media, there are specialist publications covering all asset classes and investment modes. There are also seminars, investment forums, videos and podcasts generating a wealth of information.
 
For trustees, the problem is not about getting news, it is about being able to separate the good from the very best information. This is why having a trusted adviser to bounce ideas off can be so crucial.

The SMSF Association hosts a SMSF Connect website that contains extensive educational material.

The ATO also offers an authoritive range of resources, tools and services to make managing the regulatory and tax aspects of an SMSF easier. It includes about 30 short videos that provide a comprehensive overview of the sector as well as links to free online education courses.

The ATO can direct a trustee to undertake an educational course if they have contravened superannuation law.

Running an SMSF can be fulfilling, as about 1.1 million Australians are discovering. It puts them in direct control of their retirement income strategy.

However, with that control comes responsibility and that can only be achieved if trustees continually improve their financial literacy. The information and specialist advisers to help do this are available – they just need to be accessed.

Written by John Maroney, CEO, SMSF Association

SMSFs looking to ride the crypto wave

Growing interest in cryptocurrency investment in Australia has spread to the SMSF sector, with funds drawn to the appeal of capital gains and the opportunity to add new asset classes to their portfolios, says a cryptocurrency investment provider.

Cointree CEO Shane Stevenson said there’s no doubt that bitcoin is now being seen as an alternative to gold as a store of value, reflected recently by the rising price of bitcoin — currently hovering around the $75,000 mark.

He noted additionally the fact that cash, term deposits and bonds have less appeal because of the historically low interest rates, causing cryptocurrencies to become more attractive to SMSFs.

“How they invest, however, depends on whether they are in the accumulation or retirement phase, the fund’s risk profile and where fund members are at in their superannuation journey,” Mr Stevenson said.

“For those in the accumulation phase, we are finding investors and SMSFs are more prepared to take a bigger risk, as their focus is on growing their funds under management, while for those in the retirement phase, it’s a far more cautious approach, with cryptocurrencies typically a smaller percentage of their portfolios.

“Either way, when investing in the accumulation or retirement phase, the key theme we’re seeing is that the investment dovetails with the goals of the fund and aligns with their investment strategy.”

Under ATO guidelines, SMSFs can invest in crypto but should consider it good practice to ensure it is under the fund’s trust deed, is in accordance with the fund’s investment strategy and complies with the Superannuation Industry (Supervision) Act (SISA) and the Superannuation Industry (Supervision) Regulations (SISR).

Previously, it was flagged that with super funds now identifying on their tax return whether they are investing in these assets, it could be an indication that the ATO is aware that it is a challenging asset to hold in a super fund and that it is concerned that some funds may be getting it wrong.

Speaking on the requirements and challenges to choosing crypto as an SMSF option, Mr Stevenson said there are still hurdles limiting SMSFs from investing in cryptocurrency.

“It’s a relatively new asset class and many financial advisers lack experience with this type of investing,” he said.

“But this is changing. Cryptocurrency is proving to be an attractive option for many SMSFs that have done their research and are comfortable with the risk.

“We are also finding a growing number of advisers are coming to Cointree’s account managers wanting to learn more about this asset and how it can be part of an SMSF portfolio. Consequently, we’ve seen 53 per cent more SMSF applications in the last three months than we did in the whole of last year, a trend we expect to continue as SMSFs look to diversify their portfolios.”

SMSFs are a significant pool of investment capital for the crypto market, according to Cointree. Total assets are about $750 billion, and they comprise about 26 per cent of the total superannuation pool of funds.

Source: SMSF Adviser

Deeper, specialised processes required to fully measure SMSF operating cost

Understanding the complete picture of the operating expenses of an SMSF will require research to dig deeper, as limitations can be seen due to the various complexities during the calculation.

In a report released last year, Costs of Operating SMSFs 2020, the SMSF Association and Rice Warner conducted research to determine the minimum cost-effective balance for SMSFs. The new research questioned previous statements by ASIC that SMSFs with balances lower than $500,000 are generally uncompetitive with APRA-regulated funds.

In a recent Topdocs webinar, SMSF Association deputy CEO Peter Burgess said there are several figures being quoted out there about how much it costs to run an SMSF, but there are limitations when it comes to understanding the complete picture.

“The source of all of these figures is the ATO’s statistical overview reports which they release every year,” Mr Burgess said.

“I think it’s important for advisers and also clients to understand the limitations of some of these figures, particularly if you’re using this information to compare the cost of an SMSF with other superannuation entities.

“From our research, what we do know is that average costs or the average expense calculations that the ATO undertakes or referred to by others is not really an appropriate measure of the operating cost of itself, it’s not fit for purpose and it includes many expense items that you don’t associate with most SMSFs.

“So, if you’re trying to compare costs with other super funds, then I wouldn’t be using the average expense calculations.”

Mr Burgess said average and median costs are probably closer to the mark, and while they’re useful, in many cases for smaller SMSFs, they will be paying a lot less than that, “so the figures don’t break it down, it just gives us a high-level average figure”.

“Now Rice Warner was given access to data on 100,000 funds, so that did enable them to do a comparison of actual costs versus potential costs because, of course, the fee schedules are just what service providers say they charge, whereas the data is telling us what was actually charged, and so we’re able to do a reconciliation between the two,” he said.

“I guess, some of the interesting points to note here is what Rice Warner found is that for some of the smaller SMSF balances (less than $150,000), the actual fees being charged by service providers were much lower than what their fee schedule suggested and, in some cases, only marginally off the statutory costs that will be charged by those funds.

“Also, what they have done in this research is they have looked at the 95th percentile, so they separate out the low, medium and high costs, and I think by separating it out this way and showing the 95th percentile, you can really see the impact of some of these one-off costs, these outliers such as establishment cost, wind-up costs and costs associated with having a real property in your fund.

“You can really see the impact of those outliers and the distortion that happens if you try to combine all these together and calculate an average operating expense for the SMSF. We also found that the figures were not entirely rigorous due to the inconsistent recording of transactions.”

Mr Burgess said this is a key reason as to why the SMSF Association has been doing some work with the major software providers in the industry, in order to come up with a set of rules on how to standardise all the expenses in future research.

“We can ensure going forward that you know expenses are coded and recorded the same way, and we think we’re pretty close now to having a set of rules that will apply across the industry,” he said.

“Now the next phase will be the software providers having to make a few changes to their software, and then there’ll be an education phase where we’ll be looking to educate users to make sure that they understand how certain expenses should be encoded.

“I guess, once we get to that stage, we can then really start to get some very accurate figures coming out of its research on the operating costs for this because the actual data, as I said, is a little difficult because there are some inconsistencies from how certain expenses will be coded.”

Digging deeper for investment data

In looking at some of the other findings from the research in regard to investment return, Mr Burgess said Rice Warner was able to pinpoint the investment performance of SMSFs, which they did by fund size.

“This was interesting in that it really did support the views that the position that ASIC has so clearly articulated in a lot of their regulatory materials, that funds with smaller balances tend to underperform when it comes to investment returns,” Mr Burgess said.

“So, while we found that from an expense point of view that $200,000 estimates can be cost-effective compared to APRA funds, at that level, they are typically underperforming from an investment perspective and around 22 per cent of all SMSF are in that $200,000–$500,000 range.

“That’s not overly surprising when you look at the asset allocation of these smaller funds, as they do have a large weighting towards cash and term deposits if these interests are so low, so it’s not surprising that we’re seeing funds with those smaller balances underperforming APRA funds.”

Looking ahead, Mr Burgess said the association has its eyes set on future research, with a primary goal set to focus on funds in the $200,000–$500,000 range and try to benchmark the performance of these funds against relevant benchmarks.

“What we’re trying to do there is strip out those clients who have made a conscious decision to invest in cash either because that’s their risk profile or because they’re waiting for more money to come into the fund so they can invest versus those funds of that size that have made a conscious decision to invest into the market,” he said.

“We think by comparing to relevant benchmarks, we can really drill down and really see if there is an underperformance issue here at these ranges, and that’s some research that we hopefully will release later in the year.”

Source: SMSF Adviser