What are the advantages and disadvantages of the anti-detriment payment?

9 November 2012

Admin User

Advantages

1.    Significant tax deduction that can be claimed by the Self Managed Superannuation Fund (SMSF);

2.    Tax savings available to remaining members of the fund;

3.    Future capital gains tax events can beminimisedif not eliminated;

4.    Increase the lump sum received by the beneficiaries;

 

Disadvantages

1.    Reserves must be in place prior to the payment of the payment as it can not be made from member's balances;

2.    The reserve will typically need to be established and contributed to over many years;

3.    If the SMSF is in pension phase, any income generated by the reserves will be taxed at 15%, i.e., they won?t be eligible for the tax free concessions.

 

References

Section 295 - 485 Income Tax Assessment Act 1997 (ITAA 1997)

Section 295 - 385 (3) ITAA 1997

ATO Interpretative Decision 2012/10

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