Once you’ve decided an SMSF is right for you, it’s important to understand the steps involved in getting your SMSF established. We outline the 5 key steps below.
- Establish a Trust
Before you can register an SMSF with the ATO, you need to establish a trust. A trust is required to have the following:
- Identifiable beneficiaries
- Intention to create a trust.
- Obtain the Trust Deed
The trust deed sets out the rules and conditions under which the SMSF will operate, so it is vital to start with a well-drafted trust deed. It should be prepared by a qualified legal practitioner who understands superannuation law (and SMSFs in particular) and designed to give the trustees maximum control and flexibility. When the trust deed is found to be satisfactory, it should be executed by the trustee(s) according to the rules applying in their State.
The trust deed:
- Stipulates the regulations for the trustee to follow, however it is not permitted to contain clauses that would require the trustee or trustees to breach the Superannuation Industry (Supervision) Act 1993
- Should be drafted to allow the SMSF to target its objectives
- Can be amended, but only in accordance with the rules set out in the original trust deed
- Determines how member accounts will be calculated. In the accumulation phase, the trust deed will indicate how earnings will be credited to each member’s account
- Stipulates whether the SMSF can pay pensions, and if so, how.
Provisions that could be contained within a trust deed
A trust deed for an SMSF could contain provisions that deal with the following:
- Who will be a trustee of the SMSF
- Who can be a member of the SMSF
- Trustee rights to amend the trust deed
- Who can make contributions
- Member investment choice availability
- When and how benefits can be paid
- Types of income streams the SMSF can pay
- Acceptance of binding death benefit nominations
- Who benefits can be paid to upon death of a member
- Rules to establish and administer fund reserve accounts
- When and how the SMSF should be wound up.
- Sign a declaration
Upon becoming a trustee or director of the corporate trustee of an SMSF, you are required to sign a declaration form stating that you understand your obligations, duties and responsibilities as a trustee or director of the corporate trustee of an SMSF. The declaration must be in the approved form (available from the ATO) and completed within 21 days of you becoming a trustee.
Your obligations and responsibilities as a trustee of an SMSF include:
- Acting honestly in all matters affecting the SMSF
- Exercising the degree of care, skill and diligence of an ordinary prudent person
- Acting in the best interest of the members
- Keeping SMSF assets separate from your personal and business assets (and those of any other trustees of the fund)
- Not doing anything that would impede trustees from performing their functions and powers
- Formulating and implementing an investment strategy
- Managing reserves responsibly
- Allowing the members access to certain information.
You must keep your completed declaration for at least 10 years and make it available to the ATO if requested.
- Lodge an election with the Regulator
Within 60 days of the establishment of an SMSF, the trustees must lodge an election to be regulated with the ATO. This election is irrevocable and advises the ATO that the SMSF will be subject to the requirements of the relevant superannuation legislation and therefore will be entitled to concessional taxation treatment at the rate of 15% as a complying fund.
If an election notice is not lodged, the SMSF will not be treated as a complying fund for taxation purposes and the SMSF will be taxed at the highest marginal tax rate.
- Open a cash account
The trustee of an SMSF will generally need to set up a cash account so the Fund can accept contributions, rollovers and earnings from investments. This account will also be required to pay expenses such as annual supervisory levy, accounting fees, taxation liabilities and importantly, member benefits.
SOURCE, All rights reserved to – BT Financial Group, © BT Financial Group 5 steps to setup a self managed superannuation fund (SMSF), https://www.bt.com.au/personal/superannuation/learn/understanding-smsfs/5-steps-to-setup-a-self-managed-super-fund.html
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