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The life and death of an SMSF pension: Tax and succession planning


While much wealth is now accumulated in self-managed superannuation funds (SMSFs), the full potential and versatility of SMSFs is often not realised until entering the pension phase. This article considers some of the topical tax and succession planning issues that arise in relation to SMSF pensions, especially in the light of the Commissioner of Taxation's draft taxation ruling TR 2011/D3. The new draft ruling provides considerable insight into the Commissioner's views of when a superannuation income stream commences and ceases, and will have significant implications for SMSF pensions. The article sets out to demonstrate that careful planning and documentation can avoid undesirable outcomes and optimise results in the life and death of a superannuation pension.

Author profile

Peter Slegers CTA
Photo of author, Peter SLEGERS Peter is a Partner at Cowell Clarke and heads up the firm's Tax & Revenue Group. He provides specialist tax advice to public accountants and a wide range of corporate and medium to large family businesses as well as high net worth taxpayers. Peter has had a significant involvement with trust structures throughout his career and is the author on topical tax issues in CCH Tax Week and Taxation in Australia. Peter has a Master's degree in Taxation Law and is a member of The Tax Institute's State Council. - Current at 19 June 2012
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