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  • Trust

    Trust

    • Acknowledgement of Trust (already own asset) - $165
    • Change Appointor and/or Guardian of Family Trust - $110
    • Change of Name of Family Trust - $88
    • Change Trustee of Family Trust - $110
    • Dealing with Forgiven Debts (White Paper) - $55
    • Debt Recognition (including pre-Div 7A Loans) - $33
    • Declaration of Trust (before you buy) - $99
    • Div 7A Loan Agreement - $55
    • Div 7A Loan Agreement for UPE - $55
    • Family Trust - $165
    • Family Trust - Streaming & Bamford Update - $165
    • Family Trust - Update to Allow Change of Appointor and Guardian - $165
    • Family Trust - Update to allow Sole Trustee - $55
    • Family Trust - Update to Exclude Foreign Persons (NSW) - $198
    • Family Trust - Vesting - $249
    • Forgiveness of Debt - $121
    • Opening Minutes for the Unit Trust - $33
    • Partnership Deed - $220
    • Release of Unpaid Trust Entitlement - $121
    • The new small business restructure roll-over rules in practice (White Paper) - $55
    • Trust Distribution Minutes Library for 2008/09 - $99
    • Trust Distribution Minutes Library for 2009/10 - $99
    • Trust Distribution Minutes Library for 2010/11 - $99
    • Trust Distribution Minutes Library for 2011/12 - $99
    • Trust Distribution Minutes Library for 2012/13 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2012/13 - Single-Use - $110
    • Trust Distribution Minutes Library for 2013/14 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2013/14 - Single-Use - $110
    • Trust Distribution Minutes Library for 2014/15 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2014/15 - Single-Use - $110
    • Trust Distribution Minutes Library for 2015/16 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2015/16 - Single-Use - $110
    • Trust Distribution Minutes Library for 2016/17 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2016/17 - Single-Use - $110
    • Trust Distribution Minutes Library for 2017/18 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2017/18 - Single-Use - $110
    • Trust Distribution Minutes Library for 2018/19 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2018/19 - Single-Use - $110
    • Trust Distribution Minutes Library for 2019/20 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2019/20 - Single-Use - $121
    • Unit Trust - $149
    • Unit Trust - Add New Member Kit - $110
    • Webinar Recording - All About Family Trusts - $66
    • Webinar Recording - Are Family Trusts “Done” as an Asset Protection Tool? - $77
    • Webinar Recording - Asset Protection - Dealing with Risk in Hard Times - $77
    • Webinar Recording - Beneficiary Entitlements in Trusts - $77
    • Webinar Recording - Family Trust v Family Court - Not a marriage made in Heaven - $77
    • Webinar Recording - Fixing Family Trust Deeds - $77
    • Webinar Recording - Know Thy Business Structure - $77
    • Webinar Recording - Managing Trust UPEs - How to do it and potential tax exposures - $77
    • Webinar Recording - The Powers and Problems of Trustees - $77
    • Webinar Recording - The Pros and Cons of Unit Trusts - $77
    • Webinar Recording - The who, what, when & how of Family Trust Elections - $77
    • Webinar Recording - Trust Tax Issues and CGT Small Business Concessions - $77
    • Webinar Recording - Trusts - Asset Protection on Peptides - $77
    • Webinar Recording - Trusts Revisited - $77
    • Webinar Recording - Unit Trust v Family Trust - Which is Better for Investing? - $77
    • Webinar Recording - Untangling Discretionary Trusts – A Family Lawyer’s Perspective - $77
    • Webinar Recording - Winding Up Trusts and Tax Consequences - $77
  • Superannuation

    Superannuation

    • Acknowledgement of Trust (already own asset) - $165
    • Commercial Lease - $220
    • Declaration of Trust (before you buy) - $99
    • Derivative Risk Statement for SMSF - $65
    • Investment Strategy for Self Managed Super 15/16 - $65
    • Investment Strategy for Self Managed Super 16/17 - $65
    • Investment Strategy for Self Managed Super 17/18 - $65
    • Investment Strategy for Self Managed Super 18/19 - $65
    • Investment Strategy for Self Managed Super 19/20 - $65
    • Pension Pack for Self Managed Super - $299
    • Product Disclosure Statement (general) - $66
    • Product Disclosure Statement (Pension only) - $99
    • Self Managed Superannuation Fund Deed - $149
    • SMSF - Minute to Appoint Administrator - $33
    • SMSF - Minute to Appoint an Auditor - $33
    • SMSF - Minute to Approve Financial Statements - $33
    • SMSF - Minute to Approve Financial Statements 07/08 - $33
    • SMSF - Minute to Approve Financial Statements 08/09 - $33
    • SMSF - Minute to Approve Financial Statements 09/10 - $33
    • SMSF - Minute to Insure The Members - $33
    • SMSF - Update Rules - $165
    • SMSF Commercial Property Assessment - $415
    • SMSF Full Valuation - $585
    • SMSF Kerbside Assessment - $415
    • SMSF Limited Recourse Borrowing Arrangement - $220
    • Statutory Declaration - $0
    • Webinar Recording - Accountant Road Rules for Super - $77
    • Webinar Recording - How does the 2016 Budget affect SMSF Trustees? - $77
    • Webinar Recording - Investment Restrictions for Self Managed Superannuation Funds - $75
    • Webinar Recording - Pitfalls that SMSF Trustees should avoid - $77
    • Webinar Recording - SMSF End of Year Essentials - $77
    • Webinar Recording - SMSFs and Related Party Loans - $77
    • Webinar Recording - Superannuation: Current status of the proposed changes - $77
    • Webinar Recording - The Protected Super Myth’Conception - $77
    • Webinar Recording - Time to Address the SMSF Sleeper - Estate Planning within the fund - $77
    • Webinar Recording - Tips and Traps for Property Investment in your SMSF - $77
    • Webinar Recording - Understanding the 2017 Superannuation Changes - $77
  • Estate Planning

    Estate Planning

    • Buy Sell Agreement Company - $197
    • Capital Gains Tax Asset Register kit - $33
    • Codicil to change the Executor - $99
    • Confidentiality Agreement (Non Disclosure) - $99
    • Debt Recognition (including pre-Div 7A Loans) - $33
    • Enduring Power of Attorney - NSW - $55
    • Enduring Power of Attorney - SA - $55
    • Enduring Power of Attorney - WA - $55
    • Enduring Power of Attorney (Financial, Personal/Health) - QLD - $55
    • Enduring Power of Guardianship - NSW - $55
    • Enduring Power of Guardianship - WA - $55
    • Power Of Attorney By Company - $99
    • Webinar Recording - Estate Planning Basics for Professional Advisers - $77
    • Webinar Recording - Time to Address the SMSF Sleeper - Estate Planning within the fund - $77
    • Webinar Recording - When a Will is not Simple - $77
    • Will - Married or Defacto No Children - $77
    • Will - Married or Defacto with Children - $77
    • Will - Single No Children - $99
    • Will - Single With Children - $99
  • Commercial

    Commercial

    • Advanced Legal Health Check for Businesses - $18
    • Buy a House with Friends Agreement - $110
    • Commercial Lease - $220
    • Commercial Property Valuation Request - $0
    • Confidentiality Agreement (Non Disclosure) - $99
    • Co-Owners Agreement - $110
    • Dealing with Forgiven Debts (White Paper) - $55
    • Debt Recognition (including pre-Div 7A Loans) - $33
    • Debt Recovery Kit - Qld - $44
    • Declaration of Trust (before you buy) - $99
    • Demand and Statement of Claim for Debt - NSW - $88
    • Demand and Summons for Debt - VIC - $88
    • Demand and Summons for Debt - WA - $88
    • Div 7A Loan Agreement - $55
    • Div 7A Loan Agreement for UPE - $55
    • Forgiveness of Debt - $121
    • Loan Agreement (No Security) - $99
    • Release of Unpaid Trust Entitlement - $121
    • Statutory Declaration - $0
    • Terms of Trade (Non ROT) - $132
    • The new small business restructure roll-over rules in practice (White Paper) - $55
    • Webinar Recording - Avoiding Business Disputes - $77
    • Webinar Recording - Maximising your Business Value - $77
    • Webinar Recording - Navigating Small Business Restructure Roll-overs - $77
    • Webinar Recording - Small Business Tax and Financial Risks - $77
  • Employment

    Employment

    • Confidentiality Agreement (Non Disclosure) - $99
    • Employment - Conduct Issues Letter - $33
    • Employment - Employee Expenses Policy - $55
    • Employment - Performance Issues Letter - $33
    • Employment - Request for Medical Information - $33
    • Employment - Termination Letter - $33
    • Employment - Transferring Employee Letter - $33
    • Employment Contract - $99
    • Independent Contractors Agreement - $99
    • Partnership Deed - $220
    • Statutory Declaration - $0
    • Webinar Recording - Are you Ready for Bullying in the Workplace? - $66
    • Webinar Recording - Employee Engagement and Share Plans - $77
    • Webinar Recording - Employee v Contractor - $77
    • Webinar Recording - Social Media in the Workplace - $77
  • Company

    Company

    • Acknowledgement of Trust (already own asset) - $165
    • Adopt Committee Recommendations kit - $33
    • Appoint a Committee kit - $33
    • Appoint an Alternate Director kit - $33
    • Appoint Managing Director & Confer Powers kit - $33
    • Build a Company - $99
    • Build a Company (ELodgement) - $625
    • Buy a House with Friends Agreement - $110
    • Buy Sell Agreement Company - $197
    • Capital Gains Tax Asset Register kit - $33
    • Change Registered Office kit - $33
    • Commercial Lease - $220
    • Company Constitution Update - $99
    • Confidentiality Agreement (Non Disclosure) - $99
    • Co-Owners Agreement - $110
    • Debt Recognition (including pre-Div 7A Loans) - $33
    • Declaration of Trust (before you buy) - $99
    • Demand and Statement of Claim for Debt - NSW - $88
    • Demand and Summons for Debt - VIC - $88
    • Demand and Summons for Debt - WA - $88
    • Director‘s Indemnity Agreement - Compulsory Insurance - $197
    • Director‘s Indemnity Agreement - No Insurance - $197
    • Directors Conflict of Interest Kit - $44
    • Div 7A Loan Agreement - $55
    • Div 7A Loan Agreement for UPE - $55
    • Employment Contract - $99
    • Family Trust - Vesting - $249
    • Forgiveness of Debt - $121
    • Independent Contractors Agreement - $99
    • Loan Agreement (No Security) - $99
    • Minutes for Members to Inspect Books - $33
    • Minutes for Resigning Director - $33
    • Opening Minutes for the Unit Trust - $33
    • Partnership Deed - $220
    • Power Of Attorney By Company - $99
    • Release of Unpaid Trust Entitlement - $121
    • Remove a Managing Director kit - $33
    • Remove and Replace a Director kit - $44
    • Replace Company Secretary kit - $44
    • Self Managed Superannuation Fund Deed - $149
    • Statutory Declaration - $0
    • Terms of Trade (Non ROT) - $132
    • Transfer of Shares Kit - $0
    • Unit Trust - $149
    • Unit Trust - Add New Member Kit - $110
    • Webinar Recording - Companies - Things you should know, but probably don’t! - $77
    • Webinar Recording - Know Thy Business Structure - $77
    • Webinar Recording - Private Company Cash - Division 7A Complications for Professional Advisors - $77
    • Webinar Recording - Year End Tax Planning - $77
  • Webinars

    Webinars

    • Webinar Recording - Accessing Company & Trust Documents in Family Law - $77
    • Webinar Recording - Accountant Road Rules for Super - $77
    • Webinar Recording - All About Family Trusts - $66
    • Webinar Recording - Are Family Trusts “Done” as an Asset Protection Tool? - $77
    • Webinar Recording - Are you Ready for Bullying in the Workplace? - $66
    • Webinar Recording - Asset Protection - Dealing with Risk in Hard Times - $77
    • Webinar Recording - Avoiding Business Disputes - $77
    • Webinar Recording - Beneficiary Entitlements in Trusts - $77
    • Webinar Recording - Companies - Things you should know, but probably don’t! - $77
    • Webinar Recording - Dealing with Divorce - An Accountant’s Perspective - $77
    • Webinar Recording - Dealing with Mistakes and Variations in Family Trust Deeds - $77
    • Webinar Recording - Demise of the Accountants’ Exemption - Walking the line, post 1 July 2016 - $77
    • Webinar Recording - Distributing Capital from Family Trusts - $77
    • Webinar Recording - Do Pre-Nups Work Anymore? - $77
    • Webinar Recording - Employee Engagement and Share Plans - $77
    • Webinar Recording - Employee v Contractor - $77
    • Webinar Recording - Estate Planning Basics for Professional Advisers - $77
    • Webinar Recording - Family Trust v Family Court - Not a marriage made in Heaven - $77
    • Webinar Recording - Fixing Family Trust Deeds - $77
    • Webinar Recording - How does the 2016 Budget affect SMSF Trustees? - $77
    • Webinar Recording - Investment Restrictions for Self Managed Superannuation Funds - $75
    • Webinar Recording - Know Thy Business Structure - $77
    • Webinar Recording - Managing Trust UPEs - How to do it and potential tax exposures - $77
    • Webinar Recording - Maximising your Business Value - $77
    • Webinar Recording - Navigating Small Business Restructure Roll-overs - $77
    • Webinar Recording - Pitfalls that SMSF Trustees should avoid - $77
    • Webinar Recording - Private Company Cash - Division 7A Complications for Professional Advisors - $77
    • Webinar Recording - Project Do It - ATO Amnesty Information Session - $0
    • Webinar Recording - Small Business Tax and Financial Risks - $77
    • Webinar Recording - SMSF End of Year Essentials - $77
    • Webinar Recording - SMSFs and Related Party Loans - $77
    • Webinar Recording - Social Media in the Workplace - $77
    • Webinar Recording - Stimulus measures and year-end tax planning for companies and trusts - $77
    • Webinar Recording - Superannuation: Current status of the proposed changes - $77
    • Webinar Recording - The Powers and Problems of Trustees - $77
    • Webinar Recording - The Pros and Cons of Unit Trusts - $77
    • Webinar Recording - The Protected Super Myth’Conception - $77
    • Webinar Recording - The who, what, when & how of Family Trust Elections - $77
    • Webinar Recording - Time to Address the SMSF Sleeper - Estate Planning within the fund - $77
    • Webinar Recording - Tips and Traps for Property Investment in your SMSF - $77
    • Webinar Recording - Trust Tax Issues and CGT Small Business Concessions - $77
    • Webinar Recording - Trusts - Asset Protection on Peptides - $77
    • Webinar Recording - Trusts Revisited - $77
    • Webinar Recording - Understanding the 2017 Superannuation Changes - $77
    • Webinar Recording - Unit Trust v Family Trust - Which is Better for Investing? - $77
    • Webinar Recording - Untangling Discretionary Trusts – A Family Lawyer’s Perspective - $77
    • Webinar Recording - When a Will is not Simple - $77
    • Webinar Recording - Winding Up Trusts and Tax Consequences - $77
    • Webinar Recording - Year End Tax Planning - $77
    • Webinar Recording - You’ve Been Served! - How to deal with a family law subpoena - $77
    • webinar20201125 - Webinar Test 2 - $88
  • All documents

    All documents

    • Acknowledgement of Trust (already own asset) - $165
    • Adopt Committee Recommendations kit - $33
    • Advanced Legal Health Check for Businesses - $18
    • Appoint a Committee kit - $33
    • Appoint an Alternate Director kit - $33
    • Appoint Managing Director & Confer Powers kit - $33
    • Build a Company - $99
    • Build a Company (ELodgement) - $625
    • Buy a House with Friends Agreement - $110
    • Buy Sell Agreement Company - $197
    • Capital Gains Tax Asset Register kit - $33
    • Change Appointor and/or Guardian of Family Trust - $110
    • Change of Name of Family Trust - $88
    • Change Registered Office kit - $33
    • Change Trustee of Family Trust - $110
    • Codicil to change the Executor - $99
    • Commercial Lease - $220
    • Commercial Property Valuation Request - $0
    • Company Constitution Update - $99
    • Confidentiality Agreement (Non Disclosure) - $99
    • Co-Owners Agreement - $110
    • Dealing with Forgiven Debts (White Paper) - $55
    • Debt Recognition (including pre-Div 7A Loans) - $33
    • Debt Recovery Kit - Qld - $44
    • Declaration of Trust (before you buy) - $99
    • Demand and Statement of Claim for Debt - NSW - $88
    • Demand and Summons for Debt - VIC - $88
    • Demand and Summons for Debt - WA - $88
    • Derivative Risk Statement for SMSF - $65
    • Director‘s Indemnity Agreement - Compulsory Insurance - $197
    • Director‘s Indemnity Agreement - No Insurance - $197
    • Directors Conflict of Interest Kit - $44
    • Disclaimer - Email - $55
    • Div 7A Loan Agreement - $55
    • Div 7A Loan Agreement for UPE - $55
    • Employment - Conduct Issues Letter - $33
    • Employment - Employee Expenses Policy - $55
    • Employment - Performance Issues Letter - $33
    • Employment - Request for Medical Information - $33
    • Employment - Termination Letter - $33
    • Employment - Transferring Employee Letter - $33
    • Employment Contract - $99
    • Enduring Power of Attorney - NSW - $55
    • Enduring Power of Attorney - SA - $55
    • Enduring Power of Attorney - WA - $55
    • Enduring Power of Attorney (Financial, Personal/Health) - QLD - $55
    • Enduring Power of Guardianship - NSW - $55
    • Enduring Power of Guardianship - WA - $55
    • Family Trust - $165
    • Family Trust - Streaming & Bamford Update - $165
    • Family Trust - Update to Allow Change of Appointor and Guardian - $165
    • Family Trust - Update to allow Sole Trustee - $55
    • Family Trust - Update to Exclude Foreign Persons (NSW) - $198
    • Family Trust - Vesting - $249
    • Forgiveness of Debt - $121
    • Independent Contractors Agreement - $99
    • Investment Strategy for Self Managed Super 15/16 - $65
    • Investment Strategy for Self Managed Super 16/17 - $65
    • Investment Strategy for Self Managed Super 17/18 - $65
    • Investment Strategy for Self Managed Super 18/19 - $65
    • Investment Strategy for Self Managed Super 19/20 - $65
    • Loan Agreement (No Security) - $99
    • Minutes for Members to Inspect Books - $33
    • Minutes for Resigning Director - $33
    • Opening Minutes for the Unit Trust - $33
    • Partnership Deed - $220
    • Pension Pack for Self Managed Super - $299
    • Power Of Attorney By Company - $99
    • Product Disclosure Statement (general) - $66
    • Product Disclosure Statement (Pension only) - $99
    • Release of Unpaid Trust Entitlement - $121
    • Remove a Managing Director kit - $33
    • Remove and Replace a Director kit - $44
    • Replace Company Secretary kit - $44
    • Self Managed Superannuation Fund Deed - $149
    • SMSF - Minute to Appoint Administrator - $33
    • SMSF - Minute to Appoint an Auditor - $33
    • SMSF - Minute to Approve Financial Statements - $33
    • SMSF - Minute to Approve Financial Statements 07/08 - $33
    • SMSF - Minute to Approve Financial Statements 08/09 - $33
    • SMSF - Minute to Approve Financial Statements 09/10 - $33
    • SMSF - Minute to Insure The Members - $33
    • SMSF - Update Rules - $165
    • SMSF Commercial Property Assessment - $415
    • SMSF Full Valuation - $585
    • SMSF Kerbside Assessment - $415
    • SMSF Limited Recourse Borrowing Arrangement - $220
    • SMSF Subscription - $99
    • Statutory Declaration - $0
    • Terms of Trade (Non ROT) - $132
    • The new small business restructure roll-over rules in practice (White Paper) - $55
    • Transfer of Shares Kit - $0
    • Trust Distribution Minutes Library for 2008/09 - $99
    • Trust Distribution Minutes Library for 2009/10 - $99
    • Trust Distribution Minutes Library for 2010/11 - $99
    • Trust Distribution Minutes Library for 2011/12 - $99
    • Trust Distribution Minutes Library for 2012/13 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2012/13 - Single-Use - $110
    • Trust Distribution Minutes Library for 2013/14 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2013/14 - Single-Use - $110
    • Trust Distribution Minutes Library for 2014/15 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2014/15 - Single-Use - $110
    • Trust Distribution Minutes Library for 2015/16 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2015/16 - Single-Use - $110
    • Trust Distribution Minutes Library for 2016/17 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2016/17 - Single-Use - $110
    • Trust Distribution Minutes Library for 2017/18 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2017/18 - Single-Use - $110
    • Trust Distribution Minutes Library for 2018/19 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2018/19 - Single-Use - $110
    • Trust Distribution Minutes Library for 2019/20 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2019/20 - Single-Use - $121
    • Unit Trust - $149
    • Unit Trust - Add New Member Kit - $110
    • Webinar Recording - Accessing Company & Trust Documents in Family Law - $77
    • Webinar Recording - Accountant Road Rules for Super - $77
    • Webinar Recording - All About Family Trusts - $66
    • Webinar Recording - Are Family Trusts “Done” as an Asset Protection Tool? - $77
    • Webinar Recording - Are you Ready for Bullying in the Workplace? - $66
    • Webinar Recording - Asset Protection - Dealing with Risk in Hard Times - $77
    • Webinar Recording - Avoiding Business Disputes - $77
    • Webinar Recording - Beneficiary Entitlements in Trusts - $77
    • Webinar Recording - Companies - Things you should know, but probably don’t! - $77
    • Webinar Recording - Dealing with Divorce - An Accountant’s Perspective - $77
    • Webinar Recording - Dealing with Mistakes and Variations in Family Trust Deeds - $77
    • Webinar Recording - Demise of the Accountants’ Exemption - Walking the line, post 1 July 2016 - $77
    • Webinar Recording - Distributing Capital from Family Trusts - $77
    • Webinar Recording - Do Pre-Nups Work Anymore? - $77
    • Webinar Recording - Employee Engagement and Share Plans - $77
    • Webinar Recording - Employee v Contractor - $77
    • Webinar Recording - Estate Planning Basics for Professional Advisers - $77
    • Webinar Recording - Family Trust v Family Court - Not a marriage made in Heaven - $77
    • Webinar Recording - Fixing Family Trust Deeds - $77
    • Webinar Recording - How does the 2016 Budget affect SMSF Trustees? - $77
    • Webinar Recording - Investment Restrictions for Self Managed Superannuation Funds - $75
    • Webinar Recording - Know Thy Business Structure - $77
    • Webinar Recording - Managing Trust UPEs - How to do it and potential tax exposures - $77
    • Webinar Recording - Maximising your Business Value - $77
    • Webinar Recording - Navigating Small Business Restructure Roll-overs - $77
    • Webinar Recording - Pitfalls that SMSF Trustees should avoid - $77
    • Webinar Recording - Private Company Cash - Division 7A Complications for Professional Advisors - $77
    • Webinar Recording - Project Do It - ATO Amnesty Information Session - $0
    • Webinar Recording - Small Business Tax and Financial Risks - $77
    • Webinar Recording - SMSF End of Year Essentials - $77
    • Webinar Recording - SMSFs and Related Party Loans - $77
    • Webinar Recording - Social Media in the Workplace - $77
    • Webinar Recording - Stimulus measures and year-end tax planning for companies and trusts - $77
    • Webinar Recording - Superannuation: Current status of the proposed changes - $77
    • Webinar Recording - The Powers and Problems of Trustees - $77
    • Webinar Recording - The Pros and Cons of Unit Trusts - $77
    • Webinar Recording - The Protected Super Myth’Conception - $77
    • Webinar Recording - The who, what, when & how of Family Trust Elections - $77
    • Webinar Recording - Time to Address the SMSF Sleeper - Estate Planning within the fund - $77
    • Webinar Recording - Tips and Traps for Property Investment in your SMSF - $77
    • Webinar Recording - Trust Tax Issues and CGT Small Business Concessions - $77
    • Webinar Recording - Trusts - Asset Protection on Peptides - $77
    • Webinar Recording - Trusts Revisited - $77
    • Webinar Recording - Understanding the 2017 Superannuation Changes - $77
    • Webinar Recording - Unit Trust v Family Trust - Which is Better for Investing? - $77
    • Webinar Recording - Untangling Discretionary Trusts – A Family Lawyer’s Perspective - $77
    • Webinar Recording - When a Will is not Simple - $77
    • Webinar Recording - Winding Up Trusts and Tax Consequences - $77
    • Webinar Recording - Year End Tax Planning - $77
    • Webinar Recording - You’ve Been Served! - How to deal with a family law subpoena - $77
    • webinar20201125 - Webinar Test 2 - $88
    • Website Terms And Conditions - $99
    • Will - Married or Defacto No Children - $77
    • Will - Married or Defacto with Children - $77
    • Will - Single No Children - $99
    • Will - Single With Children - $99
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Print Version Back

Anti-detriment Payments

Issue: 492 - Wednesday, 20 April 2016

In this Issue

  1. Anti-detriment Payments

1. Anti-detriment Payments

By Monica Rule

Considering there is talk of the government getting rid of the anti-detriment payment law, I thought I would explain what it is in case you want to make an anti-detriment payment from your Self Managed Superannuation Fund (SMSF) while you still can.   

In order to understand the law, I need to first explain why the law was introduced. Prior to 1 July 1988, a superannuation fund did not pay tax on deductible contributions. Benefits payable from a superannuation fund were (in respect of service after 30 June 1983) taxed at 30%. A lump sum death benefit, paid to a dependant, was paid tax free. 

Then, from 1 July 1988, the government decided to bring forward the taxation of superannuation funds by introducing a 15% contribution tax and reducing the 30% tax payable at the benefit phase to a 15% tax by way of compensation. This meant that a lump sum death benefit payable to a dependant was no longer entirely tax free because a 15% contribution tax had been applied to the money.

Therefore, the new tax arrangement only benefited members who survived long enough to enjoy the lower tax at the benefit phase and did not compensate the beneficiaries of members who died during the accumulation phase.  In these cases the deceased member’s beneficiaries were detrimentally affected – hence the term “anti-detriment payment”.

To compensate the deceased members’ beneficiaries, the anti-detriment law was introduced. The law restored the deceased member’s lump sum death benefit to what it would have been if the 15% contribution tax had not been paid.

The law works by allowing dependants of the deceased member to receive an increased death benefit via an additional lump sum payment (i.e. anti-detriment amount) from the SMSF and provides a refund of the contribution tax paid, through a tax deduction to the SMSF.

The tax deduction available to the SMSF is the anti-detriment payment amount grossed up to reflect the 15% contribution tax.  This is so the reduction in tax payable by the SMSF is equivalent to the anti-detriment amount.  The 15% contribution tax refund is not paid as a cash refund by the ATO, instead it provides a tax deduction claimable by the SMSF.  For example, if an SMSF makes an anti-detriment payment of $60,000, it will be entitled to a tax deduction of $400,000 (i.e. $60,000 divided by 15%).  

The SMSF is able to claim a tax deduction, which reduces the SMSF’s assessable income and potentially provides a tax saving equivalent to the anti-detriment amount.  If the tax deduction cannot be fully used in the year that the anti-detriment payment is made, it can be carried forward to offset a tax liability in future years. This means any excess deduction not used can be carried forward as losses for future use.

Example:  Tony is a member of his SMSF.  His SMSF paid $25,000 in contribution’s tax on Tony’s superannuation account during his SMSF membership before his death.  Therefore, Tony’s wife Pam would, in theory, be short by $25,000 plus the earnings that would have accrued over Tony’s membership period in the SMSF.

To reverse the effect of the contribution tax paid, an anti-detriment amount is calculated. If we assumed that total earnings over the membership years amounts to $7,000, then the anti-detriment amount payable would be $32,000 (i.e. $25,000 contribution tax paid + $7,000 potential earnings).

If the SMSF paid out a lump sum death benefit to Pam that includes an additional $32,000 anti-detriment amount, then the SMSF can claim a tax deduction of $213,333 (i.e. $32,000 divided by the 15% contribution tax).

The tax deduction can be used to reduce the tax payable by the SMSF in the current financial year or if a tax loss is generated in the SMSF, then the loss can be carried forward to future financial years.

There is no legal obligation on an SMSF trustee to make an anti-detriment payment as it can be paid provided the trust deed of the SMSF allows for it.  However, most SMSFs are unable to make such payments, as the funding of an anti-detriment payment cannot be made from the deceased member’s superannuation account (Regulation 5.08 SISR – member’s minimum benefit must be maintained) or other members’ superannuation account (not even temporarily) and is normally made from reserves maintained by an SMSF.  If an SMSF has no reserves, then it is unlikely to be able to make the payment.  SMSFs must have sufficient cash or capital to pay the anti-detriment amount to the beneficiary.  The trustees need liquidity in the SMSF to make the additional payment.

There are three ways to fund an anti-detriment payment:

  1. Tax Savings in the year of payment:  as the increased death benefit payment is an immediate tax deduction to the SMSF, an anti-detriment payment can be sourced from the tax liability of the SMSF in the year of payment, provided there is sufficient cash available to make the payment.
  2. Temporary borrowing:  an SMSF can temporarily borrow money to pay a beneficiary.  The borrowing period is limited to 90 days and the borrowing amount must not exceed 10% of the market value of the SMSF’s assets. 
  3. Reserves: an anti-detriment payment can be created over time from SMSF investment returns. If a reserve is used, the SMSF must have a documented reserving strategy. The anti-detriment payment cannot be made directly from a reserve to a beneficiary.  The amount must be allocated to the member’s account.  Allocations from a reserve in excess of 5% of the member’s interest are counted against the member’s concessional contribution cap. Also, where an SMSF is in pension phase, the earnings on the reserve do not receive the pension tax exemption and are taxed at 15%.

An anti-detriment payment can only be paid to a spouse (including same sex couples), former spouse, and children (any age, includes step children and adopted children) of the deceased member or to the estate provided the ultimate beneficiaries are these people.

An anti-detriment payment can only be paid with a lump sum death benefit and not with a pension (unless the pension is commuted within the prescribed period (i.e. 6 months from death or 3 months from the grant of probate whichever is later)), although the deceased member can be in either accumulation or pension phase prior to their death.   An anti-detriment payment is not available on a terminal illness benefit prior to death.  In addition, it is only payable by an SMSF that has always been a regulated, complying superannuation fund.

Most SMSFs’ accounting records do not track the contribution tax paid on individual members’ superannuation accounts and therefore details are often not available to calculate the anti-detriment payment. The superannuation law does not provide a method to calculate the anti-detriment amount.  However, there are several accepted methods for calculating the anti-detriment amount.  The most common method used is the formula method (described in Tax Office publication ATO ID 2010/5) based on the taxable component and service period of the deceased member.

The formula is [(0.15 x P) / (R – 0.15 x P) x C] where:
R is the total number of days in the eligible service period post 30 June 1983 up to the date of payment.
P is the number of days in component R that occur after 30 June 1988 up to the date of payment.
C is the taxable component of the lump sum death benefit excluding any insurance proceeds for which tax deductions on premiums have been claimed.

Example:  Ian died on 16 September 2008 with a total death benefit of $750,000 in his superannuation account consisting of $150,000 taxable component + $100,000 tax free component + $500,000 insurance proceeds.    Ian’s eligible service period started on 1 January 1990 and the lump sum death benefit is paid to his wife Bev on 16 November 2008.

Using the formula method the anti-detriment payment is calculated as follows:
R = 1 January 1990 (i.e. number of days post 30/6/1983) to 16 November 2008 = 6895 days
P = 1 January 1990 (i.e. number of days in R post 30/6/1988) to 16 Nov 2008 = 6895 days
C = $150,000 (i.e. taxable component of the lump sum death benefit)
(0.15 x 6895 days) / (6895 – 0.15 x 6895) x $150,000 =  $26,471 anti-detriment amount

Bev will receive a lump sum death benefit of $776,471 ($750,000 + $26,471 anti-detriment payment) and the SMSF will be able to claim a tax deduction of $176,471 ($26,471 divided by 15%).

Is there any tax payable on an anti-detriment payment?
An anti-detriment payment forms part of the taxable component of a lump sum death benefit.  Therefore, if the lump sum death benefit is paid to a dependant such as a spouse, former spouse or a minor child, the entire lump sum death benefit including the anti-detriment payment will be tax free as the beneficiaries are dependants for tax purposes.  If, however, an anti-detriment payment is made to an adult child who is classified as a non-dependant then it will be taxed at 15% plus the Medicare Levy in line with the tax normally payable by a non-dependant beneficiary on the taxable component of a lump sum death benefit.

Please remember that an anti-detriment amount must be first paid from an SMSF before a tax deduction can be claimed. 

Caution:  It is the ATO’s view that any amount credited from a reserve (any type of reserve), for the purposes of an anti-detriment augmentation, counts as concessional contributions of the deceased member unless the amount is less than 5% of the member’s account balance before the reserve amount is allocated.  This is because any payments from a reserve that is:

  • not paid on a pro rata basis (i.e. fair & reasonable) to all members of an SMSF, or;
  • increases the deceased member account by 5% or more

will be grossed up and counted against the deceased member’s concessional contributions cap.  This means that $85 from a reserve will be regarded as $100 for the purposes of the cap.  Therefore, if the amount paid is to be counted against the caps then the tax outcome will depend on the deceased’s circumstances. However, since 1 July 2013 where excess concessional contributions are able to be included in the member’s assessable income and taxed at the member’s marginal tax rate plus interest, the benefits of creating a large tax deduction may outweigh the cost of any excess contributions tax payable - especially if the deceased member has little or no assessable income (i.e. they are aged 60 or over and drawing an account based pension).

Example:  Assume in our previous example that Ian’s anti-detriment payment of $26,471, is funded from a reserve in the SMSF so it counts against his concessional contribution cap.  Assume Ian was aged 45 at the time of his death and had already made concessional contributions of $50,000 into his SMSF in the 2008/2009 financial year.  This means Ian has exceeded his concessional contributions cap of $50,000 by $26,471 and would be liable for excess concessional contributions tax.  Therefore, if an excess arises, it may reduce the value of the tax concessions. 

Must an anti-detriment payment be paid in full in one instalment?
The compulsory cashing of benefits superannuation rule (Reg. 6.21(2) & 6.25(2)) does allow an SMSF to pay up to two lump sums – an interim payment of a portion of the benefit when the member’s entitlement arises and the remainder of the benefit when the amount is finally ascertained. 

However, in order to satisfy the anti-detriment rule, if more than one instalment of a death benefit is paid to a dependant, then each lump sum paid must include the anti-detriment/tax saving amount.  Then, as long as the amount added to each death benefit equates to the anti-detriment amount calculated for each payment, the SMSF would be able to claim a tax deduction for each payment.   Therefore, if two instalments are made, either or both payments may be increased by the anti-detriment amount.

If the amount of the increased death benefit is too high to fund, then there is a process where the trustee can reduce the amount to a more manageable level.  Spouses and minor children may receive a pension as well as a lump sum death benefit so that the amount of the lump sum may be reduced by paying part of the death benefit as a pension.  This strategy is not available to adult independent children who are not entitled to a death benefit pension.

Gold and Platinum members please read on for the usual result of the anti-detriment formula method, situations not suitable for an anti-detriment payment, as well as how the re-contribution strategy and anti-detriment payment can work against each other.

Platinum Members, click here to view content

Monica Rule specialises in providing advice on SMSF compliance to professionals and trustees through her advisory business – Monica Rule – Your Self Managed Super Expert. www.monicarule.com.au

Disclaimer: The content of this Bulletin is general information only. It is not legal advice. The statements and opinions are the expression of the author, not Law Central, and have not been checked for their accuracy, completeness or changes in the law. Law Central recommends you seek professional advice before taking any action based on the content of this Bulletin.

Related Docs:

  • Pension Pack for Self Managed Super
  • Investment Strategy for Self Managed Super
  • SMSF - Deed Update
  • Self Managed Superannuation Fund Deed

Related Webinars

  • Webinar Recording - Investment Restrictions For Self Managed Superannuation Funds
  • Webinar Recording - SMSFs And Related Party Loans
  • Webinar Recording - Pitfalls That SMSF Trustees Should Avoid


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