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Transitional CGT choices to be made by SMSFs
Published on 01 Feb 17 by "TAXATION IN AUSTRALIA" JOURNAL ARTICLE
The new $1.6m transfer balance cap superannuation measures became law late last year. This article highlights the CGT issues that need to be considered by trustees of SMSFs and their advisers affected by the new transfer balance cap measures, which require complying superannuation funds to reduce the assets supporting income streams payable to members in the retirement phase to no more than $1.6m at 30 June 2017.
A number of concessional CGT choices are in place to provide relief, allowing members with a pension balance in excess of $1.6m to transfer to the new tax regime. Significantly, relief does not apply automatically but requires a written choice in the approved form and consideration will need to be given to the specific choices to be made, the assets to be subject to any cost base reset or CGT deferral, and the ongoing management of the fund to achieve the desired outcomes.
Author profiles
Peter Slegers CTA
Peter Slegers, CTA, heads Cowell Clarke’s Tax & Revenue, Superannuation and Private Client practice groups. Peter advises and acts for a wide range of public and private companies and high net worth individuals and families. Peter’s areas of expertise include income tax (as it impacts on business and high net worth clients), capital gains tax, goods and services tax, state taxes, trust law and superannuation law. Peter has published numerous papers on trust structures and has considerable experience in this area. Peter is also a co-author of the Tax Institute’s SMSF Income Stream Guide and Cowell Clarke’s Australian Agribusiness Advisers’ Guide.
- Current at
16 April 2024
Nicole Santinon
Nicole Santinon, LLB (Hons), B Int. Stds, Prof. Cert. SMSF, ATI Senior Associate Cowell Clarke Nicole is a senior associate in Cowell Clarke’s tax and revenue group. Nicole specialises in self-managed superannuation and tax planning and structuring advice, including corporate tax, GST, capital gains issues and stamp duty. She advises on commercial issues in areas including business transactions, capital reductions, mergers and acquisitions, business succession planning, business restructuring, asset protection and succession planning. Nicole has completed her professional certificate in Self Managed Superannuation at Adelaide University, the Tax Institute Foundation Tax Course and participated in the Australian Institute of Company Directors Foundations of Directorship Course. Nicole is also a member of the SMSF Professional Association of Australia Ltd and of the Women Lawyers Association of South Australia. - Current at 19 July 2017
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