Company Maintenance and ASIC Assistance
What is an ASIC Registered Agent?
An ASIC Registered Agent facilitates and streamlines submission of documents for lodgement to the registers maintained by ASIC and the receipt of notifications from ASIC about the annual review obligations of registered Australian companies. An ASIC registered agent is the person that is authorised by registered Australian companies to submit documents to ASIC, may receive notifications on behalf of the company and may provide other administrative services to businesses.
What is a Registered Office Address?
An Australian company must have a registered office to that is open during business hours. A Registered Office must receive correspondence and does not need to be the same as the company’s principal place of business, but it cannot be a post office box.
Life Insurance Advice and Claims Assistance
What is life / death cover?
Also known as ‘term life’ or ‘death cover’, life cover as the name suggests, pays a set amount of money when you die. This money will go to the people you nominate as beneficiaries on your policy.
What is Total and Permanent Disability Cover (TPD)?
TPD pays a lump sum to assist with rehabilitation costs, debt repayments and future living costs if you are totally and permanently disabled. TPD is often bundled with life cover. It is important to note that TPD is usually offered in 2 definitions, ‘own’ or ‘any’. TPD ‘own’ means that you cannot work again in your usual or own occupation. TPD ‘any’ means that you cannot work in any occupation. For this reason, TPD ‘own’ cover is more expensive.
What is Trauma Cover?
Trauma provides cover if you are diagnosed with a specified illness or injury. These policies include the major illnesses or injuries that will make a significant impact on your life, such as cancer or a stroke. It is also referred to as ‘critical illness over’ or ‘recovery insurance’.
What is Income Protection?
Income protection replaces the income lost through your inability to work due to injury or sickness. There is generally a waiting period of between 15- 60 days on this insurance, depending on the level of cover and premiums paid. Income protection will only cover a maximum of 75% of your gross income for a maximum period of 2 years.
Self Managed Superannuation Funds
What are the Advantages?
|Considerations||Background and Explanation|
|1. Management Control and Flexibility||An SMSF provides superior management control and flexibility over your superannuation entitlements. As you are the Trustee of your SMSF you have effective control over the operations, investment selection, and overall management of the SMSF, even if some of these activities are outsourced.
You are able to implement specific investment strategies that are tailored to your requirements and needs. Whilst there are set regulations and investment criteria that must be considered and adhered to, you essentially have control over the underlying investment selection of your superannuation entitlements.
|2. More Investment Choice||An SMSF is able to invest in most assets, similar to any other investors. Shares, commercial property, property syndicates, developments, residential property, managed funds, bonds, cash on deposit, mortgages and term deposits are some examples.
Further investment examples are artwork, antiques and other collectible assets, as long as they provide for the retirement of the members.
|3. Using An SMSF in your Overall Investment Strategy||An SMSF may, due to its tax advantage status, enable you to undertake different strategies outside of Super. Super may be invested in capital growth oriented assets to utilize the 10 per cent Capital Gains Tax concession while investing in income providing assets to assist your current needs. Using a personal gearing strategy (out side of your Super) can further enhance this approach. By using a gearing strategy you may receive a full tax deduction on the interest you pay and are only taxed 50 per cent of the nominal gain if the assets are held for 12 months or more.|
|4. One Fund for the Family||You can set up a fund for yourself and up to three other people and consolidate your super balances. This could enable you to invest in assets of higher value than if you set up a fund with fewer members, achieve greater estate planning flexibility, and reduce fund costs.|
|5. No Contribution Fees||When you make superannuation contributions to your SMSF you do not pay any contribution fees. Likewise, you do not pay any exit fees when you withdraw funds from the SMSF. Whilst a SMSF will pay investment fees for the actual investment of the superannuation entitlements, there are no contribution fees payable. This can result in a reasonably significant saving for your superannuation.|
|6. Tax Savings||With SMSFs you can take greater control over the timing of tax events such as starting a pension without triggering capital gains tax, when your superannuation assets move into pension phase. You may also have the option of transferring assets that you own into your SMSF.
Other tax advantages include:
|7. Flexibility When Receiving A Pension||The advantage of receiving a pension from your superfund is that a part of your pension is typically tax-free. The ATO recognises that as you have used your own funds to contribute to your superannuation fund, your investment is returned to you over the life of the pension.
Once the superannuation fund is paying a pension, the fund becomes exempt from tax. As such, all income and capital gains that are made by the fund are not subject to tax. You pay tax when you draw out your superannuation pension each year.
When you draw a pension from your superannuation fund, you can use an allocated pension. This means that your superannuation is allocated over your life expectancy. You are required to draw down a minimum pension and a maximum pension each year. You can also draw a lump sum, or a combination of the two. Your circumstances at the time of withdrawing your pension need to be considered before withdrawing any funds either as a pension of a lump sum.
The management control and flexibility generated through a SMSF continues to provide benefits when you commence drawing a pension. A SMSF provides flexibility and control over the investments that are utilised to provide a pension, and the manner in which the pension is drawn.
From 1 July 2007, if you are over the age of 60, any pension that you draw from superannuation is tax-free. As a result, there is more reason to keep your options flexible and enable you to take a tax-free pension upon retirement. New announcements were made in the May 2016 Federal Budget that may limit the value of assets held in your pension account to $1.6m. This is not yet law, so may not be passed.
|8. Greater Estate Planning Certainty and Flexibility||You can nominate who you would like to receive your super when you pass away without having to meet some of the constraints that apply to other super funds.|
What are the Disadvantages?
While an SMSF can offer greater opportunities to take control of your retirement savings, there are some potential disadvantages you should also consider:
|Considerations||Background and Explanation|
|1. Higher Costs for Lower Balances||Although SMSFs generally only become cost-effective if the fund has $200,000 or more invested, especially if you outsource and pay for most or all of the fund administration. However, if you want to invest into direct property, an SMSF is the only vehicle for super funds.|
|2. Greater Responsibility||When you set up an SMSF, you and any other fund members will generally need to be trustees (or directors of the corporate trustee) and will be responsible for meeting a range of legal and other obligations|
|3. Harsh Penalties for Breaches||The Australian Tax Office has the authority to impose various treatments to deal with SMSF trustees who have breached super laws. These include:
|4. Time Consuming||You will need to have enough time, knowledge and skills to manage your own super and meet your legal and other obligations.|
What are the Restrictions?
|Considerations||Background and Explanation|
|1. Membership Restrictions||The law requires an SMSF to have less than five members and that all members must be trustees or directors of a corporate trustee. No member of the fund can be an employee of another member of the fund unless the members concerned are relatives. An arms length employee of a company, which contributes to the SMSF (in respect of its controllers), cannot be a member of the same fund as the controllers of the company.|
|2. Investment Restrictions||Existing legislation requires that all financial transactions occur as they would if they were being conducted at arms length. The appropriateness of SMSF investments is now a key area of regulation, and the investments of a SMSF must consider the needs of the Fund’s members and their Risk Profile. Legislation has been passed to prevent people from putting inappropriate investments into their SMSF to avoid paying their marginal tax on investment earnings. Inappropriate investments may include purchase of equipment for leasing back to the business, for example, a dentist leasing dental chairs and equipment from an SMSF would in our opinion not be providing for retirement benefits.|
|2.1 Related Parties and Relatives||Your SMSF must invest for the sole purpose of providing for your retirement. Exiting investment rules meant that the fund is unable to:
|2.2 In-House Assets||Government legislation limits Super funds from having more than five per cent of the market value of the funds invested in ‘in-house’ assets. The major exception is where a fund acquires premises used for business purposes. This may mean that an SMSF may invest in commercial, industrial or retail property. ‘In-house’ includes:
What are the Risks Associated with SMSFs?
|Considerations||Background and Explanation|
|1. Responsibilities and obligations for SMSF trustees associated with running an SMSF||SMSF trustees need to comply with a number of obligations under the superannuation and taxation laws, as well as the trust deed. There may be various consequences—for example, loss of taxation concessions—if an SMSF trustee fails to comply with their obligations. Even if one trustee is less actively involved, all trustees are equally liable for the fund’s compliance with the superannuation and tax laws.
The Australian Taxation Office (ATO) requires new trustees to make a declaration that they understand their responsibilities and obligations as an SMSF trustee, including to:
It is important that trustees understand that they remain responsible for managing the fund even if they outsource some or all of their responsibilities to external service providers.
|2. Risks associated with an SMSF|
|a) Lack of insurance for SMSFs||Unlike APRA-regulated funds, SMSFs do not come with insurance. The potential loss of insurance benefits as a result of switching from an APRA-regulated fund to an SMSF is an important issue. SMSF trustees should consider whether it is appropriate to take out separate life insurance for members, including income and total and permanent disability cover, as part of the fund’s investment strategy. Although taking out this insurance will be at an additional cost to the SMSF, the risk of not having appropriate insurance is that it may leave members worse off in retirement.|
|b) Other risks associated with an SMSF structure||There may be risks, for example, associated with:
|3. The need to develop and implement an appropriate investment strategy for an SMSF||Developing and implementing an appropriate investment strategy is a serious responsibility for SMSF trustees. The trustee will ultimately remain responsible for the fund’s investment strategy even if they seek investment advice from an adviser.
It is important that trustees understand:
|4. The time commitment and skills needed to run an SMSF effectively||Trustees can use external research or advice to develop their financial knowledge over time, but they remain ultimately responsible for ensuring that investment decisions are made and implemented according to the SMSF’s investment strategy.|
|5. The costs of managing an SMSF||The costs associated with managing an SMSF are potentially significant and should be considered to make an informed decision about whether an SMSF structure is a suitable superannuation vehicle for them.The costs of managing an SMSF include:
Please see Appendix H for more details and examples of the costs.
|6. The need to consider and develop an exit strategy for an SMSF||Trustees and members need to consider and develop an exit strategy for the SMSF in situations, for example, where the compliance requirements become too onerous or costly for the SMSF trustee.
It is important to be aware of the process for winding up an SMSF and the likely costs associated with that process.
|7. The laws and policies that affect SMSFs are subject to change||The taxation and superannuation laws and policies that apply to SMSFs may be subject to continual change, including changes to legislation, and regulatory policies and standards.|
How do I set up an SMSF?
You tell us and we do the rest. Prior to this decision we will discuss and consult with you to ensure an SMSF is right for you and the objective(s) you are trying to achieve.
We will handle the process, summarised here, and provide you with all documentation:
- Agree on the SMSF set up cost;
- Agree on name for new Fund;
- Set up the Fund and a Company as Trustee.
(Sample Name. XYZ Super Pty Ltd AS TRUSTEE FOR XYZ Super Fund);
- Apply for ABN and TFN for the Fund;
- Setup a new bank account for your SMSF;
- Appoint us as the adviser so we can access your current fund details and review your current super position, including life insurance;
- Organise rollover paperwork for both super and life insurance;
- Organise new life insurance if the existing life insurance is not transferrable;
- Receive the rollovers from the other funds;
- We will provide you with some investment options for your money and start investing (Cash/Term Deposits, Shares; and/or Property); finally
- Once your fund is setup, we will provide you with a Complying Fund Letter to give to your employer so future SG Levy contributions (currently 9.5%) are paid directly into your new SMSF.
How can AustAsia Group Help You?
We are SMSF Specialists. We have over 180 SMSF clients and pride ourselves on our expertise and our ability to work closely with our clients.
Through AustAsia Accounting Services and AustAsia Financial Planning, AustAsia can assist you to develop your investment strategy, in order to satisfy the investment requirements governing SMSFs. We are able to assist in restructuring your business affairs so that you may hold your business premises in your super fund, invest in managed funds (includes share, bond, property and cash funds and a range of diversified funds) property syndicates, direct shares and a variety of other investments. They can compliment your existing investments or form the core of your super fund.
AustAsia Financial Planning holds an Australian Financial Services License issued by the Australian Securities and Investment Commission. We are licensed, qualified, and experienced in recommending and implementing Superannuation and investment strategies.
AustAsia Accounting Services is a registered tax agent, and is experienced and qualified to help you meet the legal requirements of a SMSF including record keeping, preparation of annual reports for the fund, and attending to the legislative requirements of auditing, tax returns and the compliance return.
If you would like to investigate this super option further, please contact us