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Multi-generational SMSFs require careful consideration

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By Sarah Kendell
October 02 2019
1 minute read
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Andrew Yee
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Involving adult children in an SMSF may create more problems than benefits, as there can be tax and administrative consequences to having younger fund members, according to HLB Mann Judd.

The accounting firm’s superannuation director, Andrew Yee, said while there had been increasing interest from SMSF trustees around adding their children to their self-managed fund, doing so often had unforeseen consequences, including a reduction in tax benefits if the parents were retired.

“In this situation, the fund’s income would be part tax-free, due to the members in the pension phase, and part taxable due to those in the accumulation phase,” Mr Yee said.

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“Not only will this complicate the administration of the fund, but the older members of the SMSF will lose the tax benefits of refundable imputation credits, as these credits would be applied to the tax payable of the younger members.”

He added that given millennial clients’ preference for long-term overseas travel, this could also cause administrative problems and possible compliance breaches for the fund.

“Another consideration is that if some members decide to travel or live overseas for an extended period of time, the SMSF may become a non-resident fund, as the central management and control of the SMSF trustees is not mainly based in Australia,” Mr Yee said.

“A worst-case scenario is that the SMSF will be deemed non-complying and lose half of its assets in penalties.”

He said older trustees also needed to consider that their adult children were more likely to be involved in a relationship breakdown at some point in their lives, which could put assets in the SMSF at risk.

“Statistics show that young people have a higher risk of relationship breakdown and divorce,” Mr Yee said.

“If this happens when they are also a member of the SMSF, then the assets of the SMSF will be exposed to the family court. This could be disastrous for older members who may be approaching, or [who are] already in, retirement.”