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Self Managed Super
Are you better off managing your own super?
<Adviser Name>

Authorised Representative
RetireInvest Pty Limited Australian Financial Services Licence 238429
Disclaimer



RetireInvest Pty Limited (ABN 23 001 774 125) holds Australian Financial
Services Licence Number 238429 and is licensed to provide financial product
advice and deal in financial products such as: deposit and payment products,
derivatives, life products, managed investment schemes including investor
directed portfolio services, securities, superannuation, Retirement Savings
Accounts.

The information presented in this seminar is of a general nature only and
neither represents nor is intended to be specific advice on any particular
matter. RetireInvest strongly suggests that no person should act specifically
on the basis of the information contained herein but should obtain appropriate
professional advice based on their own circumstances.




                                        1
Agenda



 •   What is a ‘self managed superannuation fund’ (SMSF)?
 •   What investments can I use?
 •   Is a self managed super fund right for me?
 •   What information do I need to decide?
 •   Value of advice




                                     2
Growing market



 • A growing number of Australians are choosing to self-manage
   their super – with the potential of increased control, flexibility and
   cost savings.

 • According to the Australian Tax Office (ATO), more than 3,900
   new self managed super funds launched every month on average
   in 2007.

 • But running your own fund means is a lot to consider – with
   greater freedom comes greater responsibility.




                                          3
What is a Self Managed Superannuation Fund?



  • Up to 4 members
  • All members are trustees
  • If using a corporate trustee, all members must be directors of the
    corporate trustee
  • No member can be an employee of another member unless they are related
  • Can have ‘single member’ funds
  • Administered by the ATO




                                    4
Self Managed Super tends to suit…



  People who:
  • Operate small or family businesses
  • Like to have hands-on control over investment decisions
  • Like to have their superannuation customised to play a key role in family
    wealth and estate planning
  • Wish to invest in alternative assets




                                       5
Why Self Managed?




  •   Cost
  •   Control
  •   Flexibility
  •   Tax-Effective Wealth Accumulation
  •   Access to Wider Range of Investments
  •   Effective Estate Planning




                                      6
What are the expected costs?




                      Set Up              Ongoing

  Fund                $450 to $3,000      $1,200 to $3,000

  Investment Advice   1% to 4%            0.5% to 1.0%

  Transaction Fees    1% to 4%            0.5% to 1.0%




                                    The cost effectiveness of an SMSF
                               will depend on the level of investments!

                                   7
What are the expected costs on $300,000?




                        Set up       Ongoing

    Fund                $1,200       $2,500
    Investment Advice   $5,000       $2,000

    Transaction Fees    $1,000       $1,000

    Total               $7,200       $5,500

                        2.40%        1.83%




                                 8
Setting up a Self Managed Super Fund



  •   Obtain a trust deed
  •   Corporate or individual trustees?
  •   Elect to become a regulated fund
  •   Obtain a Tax File Number and Australian Business Number
  •   Open a bank account in the name of the fund
  •   Establish an Investment Strategy
  •   Prepare minutes and documentation to admit members to the fund




                                                          We can help!

                                     9
Trustees


• A Trustee must be appointed, either a
   • corporate trustee, or
   • individual trustees where the primary purpose of the fund is to provide a
     retirement pension
   • all members must be trustees and vice versa

• Restrictions on who can be a trustee:
   • Minors (person under 18)
   • Individuals under a legal disability (eg. has lost mental capacity)
   • Bankrupts
   • Anyone disqualified from being a company director
   • Anyone convicted of fraud or dishonesty.



                                        10
Obligations? What obligations?



  •   Responsibilities of Trustees
  •   Investment Strategy
  •   Investment Selection
  •   Administration
  •   Compliance
       • SIS Act
       • ATO




                                     11
Investment Strategy



  • Trustees must formulate and implement an Investment Strategy. An
    Investment Strategy is a plan for making, holding and realising fund
    investments.
  • It must have regard to:
  • The investment objectives
  • Diversification
  • Risk & Return
  • Liquidity (Cash Reserve)
  • Ability to meet liabilities
  • Asset Allocation




                                      12
Complete Investment Control?


  Investment limits and restrictions
  • Sole Purpose Test
  • Restricted Acquisitions From Related Parties
  • In-house Asset Limits
  • Business Real Property Exemption
  • Derivatives Only For Risk Management
  • Arm’s Length Dealings
  • Limited ability to borrow via a limited recourse loan
  • Trustee covenants




                                        13
Sole Purpose Test


  Care needs to be taken when investing in:
  • Works of Art
  • Collectables
  • Motor Vehicles
  • Business Equipment

  Must not be seen to be obtaining a ‘personal benefit’




                                       14
Related Parties


  SMSFs are prohibited from acquiring most assets from a related party
  Member
  • Standard employer of the fund
  • ‘Associate of the member’




                                      15
In-House Assets

In-House assets are:
    • Investments in, and loans to, related parties

Restricted to 5% of the value of the fund

But there are some exceptions……
    • Listed shares
    • ‘Widely held’ unit trusts (managed funds)
    • Investments in pooled superannuation trusts
    • Business real property
    • Property owned by the super fund and a related party as tenants-in-
      common
    • Deposits with authorised deposit-taking institutions (ADI) and approved
      non-ADI
    • Life insurance policy issued by a life company (not acquired from a
      member or relative)

                                        16
In-House Assets?



Smith Family Super Fund Assets:
Macquarie CMT                     $ 15,000   NO

BHP shares                        $ 30,000   NO
Home at 23 First Ave Adelaide     $250,000   POSSIBLE
Perpetual Aust Share Fund         $ 50,000   NO
Shops 1-4, 52 Main St Adelaide    $500,000   NO

Loan to Smith Pty Ltd             $ 5,000    YES

                                  $850,000
ING Life Policy on John Smith     $500,000   POSSIBLE




                                  17
Borrowing to Invest



  • Until late last year there were very few opportunities for funds to
    borrow directly.

  • Indirect borrowing via trusts or companies was possible but there
    were a number of risks and limitations.




                                        18
Borrowing to Invest – Instalment Warrants



  • A geared investment in a superannuation fund can be achieved
    via a structure known as an ‘Instalment Warrant’

  • An Instalment Warrant can enable a fund to utilise borrowing to
    purchase a range of investments including direct property.




                                      19
The Legislation now provides…



 • The superannuation fund is permitted to borrow
 • The loan must be applied to acquire an investment

 • The investment is held on trust for the superannuation fund




                                     20
The Legislation provides…



   • The superannuation fund has a beneficial interest in the
     investment
   • The superannuation fund must make one or more payments to
     acquire the investment
   • If the superannuation fund defaults on the loan the lenders right to
     recoup is limited to the value of the property




                                       21
A Snapshot



 • You can gear with your Superannuation Fund
 • Borrowing can be for any investments as allowed by SIS
 • Borrowing is limited to newly acquired assets (ie. not for currently
    held assets)
 • You can swap geared assets
 • You can only do an instalment warrant via a Debt Instalment Trust
   structure
 • Lenders security is limited to the asset held in the debt trust




                                      22
Lending



  • There is no limit on the amount of the loan for the instalment warrant
  • There is no restriction on who the fund can borrow from
  • The loan must be on a limited-recourse basis




                                      23
Case Study


  • Sandra wishes to purchase a property which is currently valued
    a $500,000
  • Her SMSF has significant investments but she wishes to use
    $100,000 in the SMSF to purchase the property
  • The property could then be purchased by using an instalment
    warrant




                                   24
  Lets look at an instalment warrant structure


                                          $500,000
                                                     • Commercial
                     $100,000               Trust      Property
                                                     • Security
      Super Fund



       Assets                $400,000

Shares   $300,000                          Lender    • Bank

Property $500,000                                    • Institution


                                   25
Who can benefit most?


  • Gearing investments via super including property, shares and exotics

  • Those who have met the concessional and non-concessional
    contribution caps

  • Negative gearing by lending to the fund at a premium rate

  • Those who wish to put money in super but can’t contribute – over 65
    who don’t meet work tests

  • Younger members who wish to bring forward the purchase of
    investments via super




                                      26
Investment Options


 • Superannuation is for the long term – the rest of your life.
 • Investments need to provide liquidity, growth and income.
 • Cash and Fixed Interest provide liquidity and income.
 • Direct Property provides income and growth
 • Shares provide liquidity, income and growth




     Growth investments such as property and shares can be volatile over the
     short term, but generally outperform cash and fixed interest over the long
                                                                           term

                                       27
Investment Options - Growth


  • Property provides:
     • Income (rent)
     • Growth (price movement)
     • Tax Relief (depreciation)
  • International and Australian shares provide:
     • Income (dividends)
     • Growth (share price movement)
  • Australian shares also provide:
     • Tax Relief (franking credits)




                                      28
Investment Selection


   • Are all the members (trustees) skilled in investing?
   • Will business or other real property be purchased?
   • When will members reach preservation age?
   • How would the withdrawal of a member affect the fund’s assets?
   • Does the investment strategy take into account the liquidity requirements
     for the payment of pensions?
   • Do members require insurance cover?
   • What are the Member assets outside the SMSF?




                                       29
Administration



 •   Being acquainted with and carrying out the terms of the trust
 •   Ensuring that title of all fund assets is in the names of the trustees
 •   Accurate bookkeeping
 •   Annual Lodging of tax return
 •   Annual Audit
 • Timely and Efficient




                                          30
Compliance


  • Act impartially in the interests of all beneficiaries
  • Ensure that all vesting and preservation rules are adhered to
  • Keep informed & up to date
  • Adhere to lodgement timelines & bureaucratic requirements
  • Legislative requirements e.g. investment activities & maintenance of fund
    documentation.
  • Severe penalties for becoming non-compliant
  • SIS Act over-rides trust deed




                                     31
Self managed super funds


  • Do it yourself
  • Advantage
     • Tailor to suit you
     • More control
  • Disadvantages
     • Only for retirement income
     • Formulate and implement a investment strategy
     • Must have a trust deed and trustees
     • Regulated under super industry rules
     • Severe penalties for non-compliance rest solely with the
       trustees




                                       32
Is Self Managed Super for you?



  • What is your fund going to be used for?
  • What is the level of involvement you are willing to commit?
  • Do you want to out-source?
         • investment strategy?
         • investment selection?
         • administration?
         • compliance requirements?




                                       33
Outsourcing



                            Financial Planner
                            • Investment Advice
Investment Strategy         • Direct Share advice
                            •   Managed Funds
Investment Selection        •   Ongoing Investment and Strategic
                                Advice

                            Lawyer / Accountant / Super
Administration                 specialists
                            • Trust deed & other document
                               services
Compliance
                            • Annual accounts
                            • Audit
                            •   Tax return preparation

                       34
Do it yourself?



   Financial Adviser?        Accountant?            Self?

             information                expertise




              cost/performance
   Control
       Overall      = Strategic
       Day to Day   = Tactical

                                   35
Where to from here ?



   •   Do it yourself
   •   Seek further advice from an expert
   •   Procrastinate




                                      36
Any questions?




Thank you for attending

				
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posted:10/17/2011
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