Published on 22 Nov 13
by SOUTH AUSTRALIAN DIVISION, THE TAX INSTITUTE
This paper provides an overview of the superannuation splitting rules and the tax considerations. This is an increasingly relevant area. Divorce rates are over 40% and a high proportion of the one million SMSF members are legally married or de facto spouses. A well-orchestrated super split can lead to a more satisfactory settlement outcome. All advisers in the SMSF area should have at least a basic understanding of the applicable concepts, options, practical requirements and taxation considerations.
This paper covers:
- key concepts and available options
- practical requirements and process
- issues regarding governance, valuations, lumpy assets and in specie transfers
- tax implications and characteristics of splittable payments
- CGT and stamp duty relief
- related issue - blended families and fixed pensions.
Matthew Andruchowycz, CTA, is a Principal in the Business Transactions and Advice Practice at DMAW Lawyers. He is a taxation and superannuation specialist working primarily with accountants, financial planners, bankers, business owners and high net wealth individuals on commercial transactions and taxation and superannuation matters including disputes.
- Current at
22 September 2017