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Recent Questions & Answers

Cessation of Employment and Implications for Superannuation

I run a small business and hold the titles of director and employee. It is through a company/ family trust structure. The business pays super contributions into my SMSF. I also work part time at a major retailer (14hrs/ wk) and they pay super contributions into an industry fund as part of the enterprise agreement.

If I gave up up the retailing job at age 60 would I satisfy a condition of release and be able to convert the funds in my SMSF and the industry fund accumulated up to that point in time, into a tax free account base pension whilst continuing to be employed by the business?

If I decided to go back to a retail job is there a time period that needs to be satisfied before I return to a second job?


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Capital Gain Reset Opportunities

My husband and I have a SMSF currently both in transition to retirement phase and I have an income account in a separate super fund. After evening up each of our balances, we will transfer the SMSF back to accumulation.

I also want to take advantage of the capital gain reset opportunity with equities with substantial capital gains. I know I can pick and choose which individual shares to reset capital gains, but can I also decide how many of a share to reset- e.g. 1000 ANZ bought at around $14 but not the remaining 1000 which were bought later or part of DRS when prices were substantially higher?

Is there any disadvantage to resetting capital gains apart from having to hold them for another 12 months to be eligible for the 50% discount?

Thank you in advance for your advice.


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Working Arrangements on a TTR Pension

An SMSF member who is on a TTR pension, is 63 years of age works 2 days per week (12 hours) for one employer, and wants to reduce to one day per week, ie; 6 hours per week (less than 10 hours).

 
Under the SIS Regs. 6.01(7)(b) a person is considered retired if they “cease an arrangement” under which they were gainfully employed, AND is either over 60 years of age, OR will not be working more than 10 hours per week in future.

 
Does the member need to resign completely from her job, or does the above “change in arrangement” satisfy her condition of release for retirement.

 

Thanks


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CGT Base Reset Values for Unsegregated Funds

I just wanted to confirm the report on the 27th April 2017 by Graeme Colley about the CGT base reset values for unsegregated funds. Our SMSF of my wife and myself has over 3.2 M in shares and cash.

Can we reset all values for CGT as at 30th June 2017 for all shares that are in a profit situation and leave all values at original cost on loss making shares? i.e. no reset base value for CGT on these shares. My accountant seems to think we have to reset all share values on 30th June 2017.

Do we have to reset or not? If we can, what do we need to do to reset these values? Do we have to notify the ATO of the shares reset value and do we have to do it before lodgement of the 2016/2017 tax return. How do we go about doing this?

 


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Simple Account Base Pension and Part Time Work

My wife and I have a SMSF and our ages are 60 and 63 respectively.

Currently my wife is receiving a Simple Account Base Pension as she has stopped working a couple of years ago to look after her sick father. She has been offered a part time job which she is considering taking up before the end of this financial year.

Given she does accept the job position could you please advise on the following:

  1. Will she be still able to draw the pension? Does it have to be changed to a TRAP?
  2. Will she be able to make concessional contributions?
  3. I am I able to spouse split my contributions on the 30th June 2017 for the full 85% allowable as at that date she will be employed?

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Sigma Healthcare (SIG)

What is your opinion or view on Sigma Healthcare (SIG), formerly Sigma Pharmaceuticals (SIP)?

Their recent announcements about future court action over contracts for supply has seen their share price plummet. I recently noticed also, that they advised the ASX this month of a ‘Daily Share buy back’ , but seemed to be dated September 2012.

What is the link between this buy back, and how would it affect the share holdings I have in my SMSF?


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