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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 Slegers heads Cowell Clarke’s Tax & Revenue Group. Peter advises and acts for a wide range of public and private companies, as well as the trustees of SMSFs. His areas of expertise include income tax (as it impacts on business and high net worth clients), CGT, GST, state taxes and superannuation law. Peter also undertakes succession planning work and is involved in significant business restructures. Regularly involved in advising SMSF trustees on issues associated with superannuation income streams, he is the co-author of The Tax Institute title, SMSF Income Stream Guide. - Current at 06 June 2017
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