Australia ▾
  Australia   New Zealand
Join Now

Home | Price List | Contact

Login
Forgot your password?
  • 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
    • Unit Trust - $149
    • Unit Trust - Add New Member Kit - $110
    • Webinar Recording - All About Family Trusts - $66
    • Webinar Recording - Employee v Contractor - $77
    • Webinar Recording - The Protected Super Myth’Conception - $77
    • Webinar Recording - Trust Tax Issues and CGT Small Business Concessions - $77
    • Webinar Recording - Trusts - Asset Protection on Peptides - $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
    • 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 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 - Investment Restrictions for Self Managed Superannuation Funds - $75
    • Webinar Recording - Time to Address the SMSF Sleeper - Estate Planning within the fund - $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 - VIC - $55
    • Enduring Power of Attorney - WA - $55
    • Enduring Power of Attorney (Financial, Personal/Health) - QLD - $55
    • Enduring Power of Attorney (Medical Treatment) - VIC - $55
    • Enduring Power of Guardianship - NSW - $55
    • Enduring Power of Guardianship - WA - $55
    • Power Of Attorney By Company - $99
    • Webinar Recording - Time to Address the SMSF Sleeper - Estate Planning within the fund - $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
  • 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
  • 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) - $607
    • 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
    • Convert to a Single Director Company - $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
  • Webinars

    Webinars

    • Webinar - Superannuation: Current status of the proposed changes - $88
    • 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 - Demise of the Accountants’ Exemption - Walking the line, post 1 July 2016 - $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 - SMSF End of Year Essentials - $77
    • Webinar Recording - SMSFs and Related Party Loans - $77
    • Webinar Recording - Social Media in the Workplace - $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 - You’ve Been Served! - How to deal with a family law subpoena - $77
  • 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) - $607
    • 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
    • Convert to a Single Director Company - $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 - VIC - $55
    • Enduring Power of Attorney - WA - $55
    • Enduring Power of Attorney (Financial, Personal/Health) - QLD - $55
    • Enduring Power of Attorney (Medical Treatment) - VIC - $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
    • 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 Full Valuation - $585
    • SMSF Kerbside Assessment - $415
    • SMSF Limited Recourse Borrowing Arrangement - $220
    • Sophisticated Investor Certificate - $22
    • 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
    • Unit Trust - $149
    • Unit Trust - Add New Member Kit - $110
    • Webinar - Superannuation: Current status of the proposed changes - $88
    • 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 - Demise of the Accountants’ Exemption - Walking the line, post 1 July 2016 - $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 - SMSF End of Year Essentials - $77
    • Webinar Recording - SMSFs and Related Party Loans - $77
    • Webinar Recording - Social Media in the Workplace - $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 - You’ve Been Served! - How to deal with a family law subpoena - $77
    • 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
  • Bulletin

Top 3 Docs Quick Launch

Create New Company Create New Family Trust Create New SMSF

New Release

Company Constitution Update
View Full Range

Join
it's free

Join Now Join Now

Need legal advice or a specially customised legal document?

Contact our partner law practice

Click here to arrange a quote

Support - Help is here

Support
help is here

  • FAQ
  • Enquire Online
  • Contact Us
Print Version Back

Superannuation Benefits

Issue: 501 - Wednesday, 5 October 2016

In this Issue

  1. Superannuation Benefits

1. Superannuation Benefits

By Monica Rule

In Law Central Bulletin 499, I explained what a “Superannuation Contribution” is and when it is considered to have been made to an SMSF.  In this Bulletin, I will explain how a superannuation benefit can be paid from an SMSF. 

Once an SMSF member has satisfied a condition of release under the superannuation law, such as reaching their preservation age or reaching the age of 65, they can access their superannuation savings from their SMSF.  As to whether their superannuation entitlement is paid as a lump sum or an income stream (such as a pension) will depend on the SMSF’s Trust Deed.  

A lump sum superannuation benefit is normally a one-time payment; whereas, an income stream benefit is a series of periodic payments made over an identifiable period of time, either at the same interval or in recurring intervals (e.g. weekly, monthly, quarterly, half yearly or annually). 

A lump sum superannuation benefit can be paid either in cash or in-specie but an income stream superannuation benefit can only be paid in cash. This is because the definition of a “lump sum” under the superannuation law includes an asset.  However, there is no equivalent definition for an income stream.

Under the income tax law, when an income stream is partially commuted, the member or a dependant beneficiary may make an election for the payment of the partial commutation not to be treated as an income stream benefit and instead have it treated as a lump sum benefit.  Therefore, if the election is made, the payment from the partial commutation of an income stream is a superannuation lump sum for income tax purposes and the lump sum can be paid either in-specie or in cash and taxed as a lump sum superannuation benefit.  If the election is not made, then the payment is a superannuation income stream benefit and cannot be paid in-specie. 

Can a lump sum benefit be paid in instalments?

A lump sum superannuation benefit can be paid in any instalments as long as the member has met a condition of release and is entitled to access their benefit from their SMSF.  However, when it comes to the payment of a lump sum death benefit to the deceased’s beneficiaries, the superannuation law requires the death benefit to be paid either as a single lump sum, or an interim lump sum and a final lump sum. This means, a lump sum death benefit can only be paid in one or two instalments. An SMSF cannot “drip feed” death benefits to beneficiaries when the SMSF’s assets are sold and cash becomes available.

Can a superannuation benefit be made using a journal entry?

The term “payment” is not defined in the law.  Court cases have confirmed that a payment normally occurs where two parties both have a present liability or legal obligation to the other and by agreement they set off the liabilities against each other using a book entry.  However, where an SMSF has a present obligation to pay a member or a beneficiary either a superannuation income stream or a lump sum, there is no present obligation or liability to the SMSF on the part of the member or the beneficiary and therefore no mutual obligation exists.  As a result, a superannuation benefit cannot be made with a journal entry.

The Tax Office has stated in Interpretative Decision 2015/23 that where the benefits of a deceased member of an SMSF are to be paid as a death benefit to the deceased’s beneficiary, the superannuation law does not allow the benefit to be transferred to the beneficiary’s superannuation account simply by way of journal entries in the books of the SMSF.  The death benefit must actually be paid to the beneficiary by transfer of ownership of the deceased member’s assets to the beneficiary.  This means payment involves an SMSF making a cash or in-specie payment that reduces the member’s benefit in the SMSF.  Transferring assets or cash to the beneficiary’s superannuation account from the deceased member’s superannuation account via a journal entry would not amount to cashing benefits and does not satisfy the law.

For Gold and Platinum Members, Monica has provided various scenarios of how to determine whether an SMSF has paid a superannuation benefit.

Platinum Members, click here to view content

Monica Rule is an SMSF Specialist and author of The Self Managed Super Handbook – Superannuation Law for SMSFs on plain English 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 documents:

  • Self Managed Superannuation Fund Deed
  • SMSF - Deed Update
  • Pension Pack for Self Managed Super
  • Investment Strategy for Self Managed Super 16/17
  • Derivative Risk Satement for SMSF

Related webinars:

  • Webinar Recording - Pitfalls That SMSF Trustees Should Avoid
  • Webinar Recording - SMSFs And Related Party Loans
  • Webinar Recording - The Protected Super Myth’Conception
  • Webinar Recording - Tips And Traps For Property Investment In Your SMSF


  • Legal Documents Online
  • Trust
  • Superannuation
  • Estate Planning
  • Commercial
  • Employment
  • Company
  • Webinars
  • All Documents
  • Price List
  • Join Us
  • Join for Free
  • Memberships
  • About Law Central
  • About Us
  • * Our Guarantee
  • Subscriptions
  • Printing and Binding
  • Site Map
  • Terms and Conditions
  • Privacy Policy
  • Disclaimer
  • Support
  • FAQ
  • Contact Us
  • Feedback
  • Connect
You should follow us on Twitter Subscribe to our RSS feed Follow us on Linked In Subscribe to our Legal Bytes channel
EV SSL

Copyright © 2000-2019 Law Central Co Pty Ltd ABN 98 091 824 225
Site Map | Terms and Conditions | Privacy Policy | Disclaimer