What happens if my Self Management Superannuation Fund (SMSF) can not make the minimum payment for my Account Based Pension?

15 July 2013

Admin User

One of the requirements for a SMSF maintaining an Account Based Pension Account is to make a minimum annual payment,

refer - http://mcnamaraandco.com/news/2013/06/important-considerations-for-self-managed-superannuation-funds-smsf-for-the-end-of-the-financial-year/

Payments made from an Account Based Pension to a member and income derived from the balance are generally tax free. Therefore, it is in the interests of the SMSF to meet the Account Based Pension requirements.  Refer to Subdivision 295 - F of Income Tax Assessment Act 1997 (ITAA 1997).

 As a result of economic downturn in recent times the Australian Taxation Office (ATO) has published material stating that if your SMSF does not meet its minimum pension payment requirements due to factors beyond its control, i.e., inability to be able to liquidate assets despite taking reasonable steps, it will be generally unlikely that an offense against the operating standards in the superannuation law will occur.

The ATO further states that an offence against the operating standards only occurs if the contravention is intentional or reckless.

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