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Superannuation Law

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What happens to your super when you die?

Nominating beneficiaries with your super fund is the only way to direct your death benefits to the people you want to receive it. The steps you take will depend on your circumstances and who your intended beneficiaries are.

Reform needed to allow donations from super to charity

Superannuation is a valuable investment vehicle and deciding the intended recipient of these funds in the event of death is crucial. Yet there's a significant limitation: super benefits can't be allocated to charities.

The net cost of superannuation concessions is not so gross

The costs of super concessions are usually quoted in gross terms, ignoring offsetting behavioural changes and social security savings. The impact of very large balances should be measured in net terms.      

The mechanics of the $3 million super tax must be fixed

Most people accept there should be a limit to the tax concessions for high super balances, but the mechanics of Government's $3 million proposal must be fixed before it is legislated. Treasury missed the detail.

Watch out, it's not easy being the executor of an estate

An actuary warns of the frustrations he experienced as executor of his brother's will, a role he expected to be straightforward. He knew super does not automatically form part of an estate but there are traps for all to learn.

Valuable super contribution changes are now law

Important changes to superannuation that affect an individual’s ability to contribute are now law with effect from 1 July 2022. Check the new rules for changes to your circumstances to boost your super.

Indexation complication! Four changes you need to know

Several superannuation thresholds will be indexed from 1 July 2021, and it's critical to check the new opportunities to put more into the tax advantages of super. Some of the calculations are tricky, others easy.

Claiming a tax deduction for super contributions

The timing of lodging a notice of intent to claim a tax deduction on super contributions and making partial rollovers or withdrawals can make a big difference to the amount allowed to be claimed.

The impact of our marriage breakdown on our SMSF

Even if a marriage ends amicably, there are complications when partners share an SMSF. You can't simply 'split' the assets on a handshake, and who takes the capital gains and what's the impact on an estate?

Court holds SMSF trustees accountable

A recent case highlights the importance of SMSF trustees exercising discretion to pay death benefits in good faith, with real and genuine consideration and in accordance with the purpose of the conferred power.

5 common mistakes in running an SMSF

The tax benefits of holding money in an SMSF come with a responsibility to follow the rules, and the penalties can be severe for what seem like innocent or mistaken breaches.

'Rorts and rip-offs’ prevention in super legislation

A bill that allows the ATO to merge dormant super accounts with active ones and release super members from compulsory life insurance embedded in enterprise agreements and from exit fees was tabled on 21 June 2018.

Most viewed in recent weeks

Australian stocks will crush housing over the next decade, one year on

Last year, I wrote an article suggesting returns from ASX stocks would trample those from housing over the next decade. One year later, this is an update on how that forecast is going and what's changed since.

Taxpayers betrayed by Future Fund debacle

The Future Fund's original purpose was to meet the unfunded liabilities of Commonwealth defined benefit schemes. These liabilities have ballooned to an estimated $290 billion and taxpayers continue to be treated like fools.

Australia’s shameful super gap

ASFA provides a key guide for how much you will need to live on in retirement. Unfortunately it has many deficiencies, and the averages don't tell the full story of the growing gender superannuation gap.

The nuts and bolts of testamentary trusts

Unlike family trusts, testamentary trusts are activated posthumously, empowering you to exert post-death control over your assets. Learn how testamentary trusts offer unique benefits and protective measures.

9 lessons from 2024

Key lessons include expensive stocks can always get more expensive, Bitcoin is our tulip mania, follow the smart money, the young are coming with pitchforks on housing, and the importance of staying invested.

The 20 most popular articles of 2024

Check out the most-read Firstlinks articles from 2024. From '16 ASX stocks to buy and hold forever', to 'The best strategy to build income for life', and 'Where baby boomer wealth will end up', there's something for all.

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