Register For Our Mailing List

Register to receive our free weekly newsletter including editorials.

Home / 193

Applying CGT relief for SMSFs and TTR pensions

Much has been written about capital gains tax (CGT) relief, and it’s worth understanding how it works. Transitional CGT relief is available for SMSFs affected by the new $1.6m transfer balance cap, or for SMSFs paying a transition to retirement income stream (TRIS).

With relief available, important decisions need to be made as we head towards 30 June 2017. These choices will have a direct effect on the amount of SMSF income tax paid in future years.

What is CGT relief in a nutshell?

The new CGT relief rule, which applies in particular circumstances, enables the cost base of fund assets to be reset to market value.

The intent of the new rule is to provide CGT relief on gains made before 1 July 2017, so as not to disadvantage fund members who are required to commute a pension due to the new transfer balance cap, or the TRIS tax changes. Whilst the focus has been on relief for retirement phase pension funds, relief also applies for funds paying transition to retirement (TTR) pensions.

Even though there’ll be no requirement to commute from a TTR pension to comply with the transfer balance cap (TTR pensions don’t count towards the cap), the introduction of the new TTR pension integrity measures will result in:

  • assets being transferred from the segregated current pension asset pool to the segregated non-current asset pool, for a fund using the segregated method to claim Exempt Current Pension Income (ECPI), or
  • a change in the proportion of total fund assets used to discharge pension liabilities, for funds using the unsegregated method.

What’s the process and which SMSFs should be looked at?

In essence, the process is the same as a fund with members who are required to comply with the transfer balance cap (see our CGT Relief explained article), except there’ll be no pension commutation. As there is no reference to the $1.6 million transfer balance cap, when reviewing which SMSFs will be eligible for CGT relief, this is not restricted to SMSFs who have members with pension accounts in excess of $1.6 million.

Fund with TTR members under $1.6 million eligible for CGT relief

Let’s consider an SMSF with two members and total assets of $700,000. At first glance, this SMSF would not be eligible for CGT relief, however, one member has a TTR pension with a balance of $500,000. Assuming the SMSF is using the unsegregated method to claim ECPI in 2016/17, you would expect an ECPI% of around 70%. From 1 July 2017, the new TTR pension integrity measures will mean that the level of ECPI claimed will be nil. This will have an effect on the amount of tax the fund pays when an asset is sold as any gain accrued since acquisition date to 30 June 2017 will be fully assessable (subject to CGT discount rules) when sold after 1 July 2017.

Consequently, this SMSF is eligible to apply the CGT relief rules. As the SMSF is using the unsegregated method to claim ECPI in 2016/17, all of the assets are eligible for CGT relief.

Let’s assume the SMSF has the following assets (all held for at least 12 months):

The SMSF then has the choice to either include the assessable gain for each of the assets, or defer until the asset is sold. The election to defer is made on an asset-by-asset basis and is also an irrevocable election to be made on the approved ATO form.

When the asset is sold after 30 June 2017, the assessable capital gain will be calculated based on a cost base of the respective 30 June market value and using a purchase date, for CG discount purposes, on 30 June 2017. The deferred assessable gain will also need to be included in the income year the asset is sold. For example, let’s say the listed shares were sold in 2019/20 for $60,000 and the notional gain in 2016/17 was deferred, the total assessable amount from this disposal will be calculated as follows:

In this example, by applying the CGT relief and deferring the notional assessable gain in 2016/17, the SMSF saved $919 in fund income tax for this asset.

Is the SMSF a 100% TTR pension fund? Watch out for the trap!

For SMSFs wholly consisting of TTR pensions, there is a trap that can prevent the fund from applying the CGT relief rules.

Such funds are by default segregated funds. For the CGT relief rules to apply the fund must either transfer assets from the segregated current pension asset pool to the segregated non-current asset pool or change to the unsegregated method, on or before 30 June 2017. In practical terms, this would require the SMSF to have at least one member accumulation account on or before 30 June 2017. This could be achieved by either a member or their employer, making a contribution or a member effecting a partial or full commutation of a pension, with the commuted amount being retained in their accumulation account.

However, be mindful of the ATO’s comments in relation to application of Part IVA to schemes or arrangements designed to trigger access to the CGT relief rules. For example, a member making a $1 contribution would warrant ATO scrutiny as opposed to a fund that received an SG contribution from a member’s employer or where the member partially or fully commuted a pension.

 

Mark Ellem is Executive Manager, SMSF Technical Services at SuperConcepts, a leading provider of innovative SMSF services, training and administration. This article is for general information only and does not consider the circumstances of any individual.

RELATED ARTICLES

Five things SMSF trustees should consider right now

Are you paying tax by not starting a super pension?

7 vital steps to compliance for your SMSF

banner

Most viewed in recent weeks

16 ASX stocks to buy and hold forever, updated

This time last year, I highlighted 16 ASX stocks that investors could own indefinitely. One year on, I look at whether there should be any changes to the list of stocks as well as which companies are worth buying now. 

UniSuper’s boss flags a potential correction ahead

The CIO of Australia’s fourth largest super fund by assets, John Pearce, suggests the odds favour a flat year for markets, with the possibility of a correction of 10% or more. However, he’ll use any dip as a buying opportunity.

2025-26 super thresholds – key changes and implications

The ABS recently released figures which are used to determine key superannuation rates and thresholds that will apply from 1 July 2025. This outlines the rates and thresholds that are changing and those that aren’t.  

Is Gen X ready for retirement?

With the arrival of the new year, the first members of ‘Generation X’ turned 60, marking the start of the MTV generation’s collective journey towards retirement. Are Gen Xers and our retirement system ready for the transition?

Why the $5.4 trillion wealth transfer is a generational tragedy

The intergenerational wealth transfer, largely driven by a housing boom, exacerbates economic inequality, stifles productivity, and impedes social mobility. Solutions lie in addressing the housing problem, not taxing wealth.

What Warren Buffett isn’t saying speaks volumes

Warren Buffett's annual shareholder letter has been fixture for avid investors for decades. In his latest letter, Buffett is reticent on many key topics, but his actions rather than words are sending clear signals to investors.

Latest Updates

Investing

Designing a life, with money to spare

Are you living your life by default or by design? It strikes me that many people are doing the former and living according to others’ expectations of them, leading to poor choices including with their finances.

Investment strategies

A closer look at defensive assets for turbulent times

After the recent market slump, it's a good time to brush up on the defensive asset classes – what they are, why hold them, and how they can both deliver on your goals and increase the reliability of your desired outcomes.

Financial planning

Are lifetime income streams the answer or just the easy way out?

Lately, there's been a push by Government for lifetime income streams as a solution to retirement income challenges. We run the numbers on these products to see whether they deliver on what they promise.

Shares

Is it time to buy the Big Four banks?

The stellar run of the major ASX banks last year left many investors scratching their heads. After a recent share price pullback, has value emerged in these banks, or is it best to steer clear of them?

Investment strategies

The useful role that subordinated debt can play in your portfolio

If you’re struggling to replace the hybrid exposure in your portfolio, you’re not alone. Subordinated debt is an option, and here is a guide on what it is and how it can fit into your investment mix.

Shares

Europe is back and small caps there offer significant opportunities

Trump’s moves on tariffs, defence, and Ukraine, have awoken European Governments after a decade of lethargy. European small cap manager, Alantra Asset Management, says it could herald a new era for the continent.

Shares

Lessons from the rise and fall of founder-led companies

Founder-led companies often attract investors due to leaders' personal stakes and long-term vision. But founder presence alone does not guarantee success, and the challenge is to identify which ones will succeed in the long term.

Sponsors

Alliances

© 2025 Morningstar, Inc. All rights reserved.

Disclaimer
The data, research and opinions provided here are for information purposes; are not an offer to buy or sell a security; and are not warranted to be correct, complete or accurate. Morningstar, its affiliates, and third-party content providers are not responsible for any investment decisions, damages or losses resulting from, or related to, the data and analyses or their use. To the extent any content is general advice, it has been prepared for clients of Morningstar Australasia Pty Ltd (ABN: 95 090 665 544, AFSL: 240892), without reference to your financial objectives, situation or needs. For more information refer to our Financial Services Guide. You should consider the advice in light of these matters and if applicable, the relevant Product Disclosure Statement before making any decision to invest. Past performance does not necessarily indicate a financial product’s future performance. To obtain advice tailored to your situation, contact a professional financial adviser. Articles are current as at date of publication.
This website contains information and opinions provided by third parties. Inclusion of this information does not necessarily represent Morningstar’s positions, strategies or opinions and should not be considered an endorsement by Morningstar.