SUPERCentral News

Both the Australian Prudential Regulation Authority (APRA) and the Australian Taxation Office (ATO) have recently released superannuation statistics. The APRA statistics are up to March 2018 while the ATO statistics are up to the 2015/16 financial year.

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For reasons known only to the Government, it has been proposed that all superannuation funds (including self managed superannuation funds and small APRA regulated funds) must have a "retirement income" covenant. This covenant will require trustees of superannuation funds to consider the retirement income needs and preferences of their members.

From the perspective of a self managed superannuation fund this year's budget changes are fairly tame and few in number. In fact, there are three relevant substantive changes, none of which are negative. Additionally, there are a number of changes intended to improve administrative procedures. This issue of SUPERCentral news will concentrate on the substantive issues - their benefits and their downsides.

The Government is proposing the introduction of new measures that will impact all Limited Recourse Borrowing Arrangements (LRBA), entered into or after 1 July 2018. These measures, if enacted, will include a member's share of any outstanding LRBA debt in the calculation of their total superannuation balance, which may have a flow-on effect on that member's ability to make contributions, including catch-up contributions.

The leader of the Opposition has proposed that excess dividend imputation credits should not be refundable to superannuation funds and that he intends, if he forms Government after the next election, to implement that proposal.

It is clear that the 1 July 2017 so-called 'fair and sustainable' changes to the superannuation laws affect the estate plan of every working Australian - whether they have actually formulated such a plan or not.

The legislation to implement this measure was enacted in December 2017. The measure applies from 1 July 2018 and permits individuals to apply the proceeds from the sale of a current or former principal place of residence as an additional superannuation contribution.

The ATO has reissued the transfer balance account report (TBAR) form to make it more user friendly. The rebooted form permits up to four TBAR events to be reported. A TBAR event is an event which generates either a transfer balance credit or debit to arise.

The ATO has also made life easier for SMSF trustees by relaxing the rules relating to the lodgement dates of TBAR reports.

Despite the "standard" reporting due dates for TBARs set out above, if a member has exceeded their transfer balance cap, then the trustee must report the following TBAR events in shorter time periods.

This measure will permit individuals who make voluntary superannuation contributions to withdraw those contributions (and associated earnings) from the superannuation fund for the purpose of purchasing or building their first home. Such withdrawals will be known as first home saver withdrawals.