ATO targeting unlisted SMSF assets

Close to 1.15 million Australians are currently managing their retirement savings through one of the nation’s 616,400 self-managed super funds (SMSFs). The total net assets held by these SMSFs have reached a significant milestone, standing at an impressive $896 billion collectively.

The recent surge in the number of SMSFs has not gone unnoticed by the federal government. In response to the substantial wealth held within these funds, changes to the taxation of high-balance SMSFs are on the horizon, particularly impacting Australians with over $3 million in superannuation savings.

In February 2023, the Federal Government announced tax adjustments affecting superannuation balances exceeding $3 million, known as the ‘Division296’ tax changes.

It’s important to note that the Division 296 tax modifications apply to all superannuation balances surpassing the $3 million threshold, not solely limited to SMSFs. Nevertheless, these changes are particularly relevant for SMSFs, which frequently include unlisted assets like interests in private companies, unlisted unit trusts, or commercial properties.

The Australian Taxation Office (ATO) has intensified its scrutiny of unlisted investments held by SMSFs, in light of the Division 296 tax amendments. Assets such as commercial properties, if their values increase substantially, could potentially push an SMSF’s total investments above the $3 million mark, subjecting the fund to the additional Division 296 tax.

For medical professionals, several key considerations arise concerning commercial property assets within SMSFs:

  1. Valuation Challenges: Evaluating unlisted assets, notably commercial properties utilized by doctors, can be complex. Unlike listed shares with readily ascertainable market values, determining the worth of specialized buildings like medical centers, dental practices, or veterinary clinics can be intricate.
  2. Costly Professional Valuations: Annual audit requirements for SMSFs necessitate clear documentation and accurate valuations, particularly for commercial properties. Obtaining professional valuations for medical properties can incur significant expenses, escalating compliance burdens for SMSFs.
  3. Tax Implications of Unrealized Gains: The additional 15% tax on super balances exceeding $3 million is calculated based on the year’s closing total balance compared to the opening balance, factoring in withdrawals, contributions, and exclusions. This tax may apply to unrealized gains on underlying investments, potentially posing liquidity challenges for SMSFs, especially those heavily invested in property assets.

In light of these impending changes, proactive planning is paramount for doctors and SMSF trustees. Ensuring an SMSF’s investment strategy aligns with fund objectives, updating fund deeds to comply with current regulations, and maintaining adequate liquidity to cover increased tax obligations are crucial steps to mitigate potential impacts.

While the government estimates that only a small percentage of Australians will be affected by the higher super tax, early preparation is advised to safeguard against future implications on SMSF performance. Regularly reviewing and adjusting SMSF investment strategies, seeking professional guidance, and optimizing cash positions can help navigate the evolving superannuation landscape effectively.

In conclusion, staying abreast of regulatory changes, reassessing investment approaches, and collaborating with experts can help medical professionals and SMSF trustees navigate the evolving superannuation landscape with confidence and foresight.

 

Tax Lawyers has assisted many clients with their SMSF audits.

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The material in this article is provided only for general information. It does not constitute legal or other advice.