24 November 2021
By Meg Heffron, on behalf of Firstlinks
I recently talked to a client about taking a large benefit (withdrawal) from their SMSF. Believe it or not, there’s a lot to consider in working out how to structure the payment.
Just taking a very large pension amount is often the worst possible thing to do.
What are the alternatives?
It’s easiest to explain the thought process using an example. Consider a couple where John (age 70) has a pension worth $1.65 million that he started several years ago. At the time he fully used up the limit that can be converted to a super pension ($1.6 million at that time). John had a very large super balance so he had super money left over that he left accumulating in his fund. That account (often referred to as an ‘accumulation balance’) is now worth $500,000.
His wife Julie (age 71) also has a pension that’s currently worth $1.65 million but no accumulation balance. In both cases, as they used their $1.6 million limit in full when they first started their pensions, they didn’t get an increase when the general limit was increased to $1.7 million from 1 July 2021.
They’ve always taken the minimum pension in the past but now want to withdraw an extra $400,000 in 2021/22. What should they do?
As a pension fund, their SMSF is entitled to a tax exemption on a lot of its investment income. Currently, around 87% of the fund’s capital gains, rent, dividends, interest, managed fund distributions etc is treated as exempt from tax. In practical terms, John and Julie’s fund usually receives a tax refund, thanks to their franking credits. The ‘87%’ is calculated by me as the fund’s actuary each year. I work out what proportion of their fund ‘belongs’ to their two pension accounts. If the pension accounts make up around 87% of the total fund over the year, then 87% (the ‘actuarial percentage’) of the investment income is exempt from tax.
Where to take the payment from
These tax rules make it much more attractive to take their large payment from John’s accumulation account rather than either of their pension accounts. It means that in future years, the proportion of fund income that will be exempt from tax will be closer to 97%. In contrast, if they took this big payment from their pension accounts, the percentage would be 85%.
Would things be any different if Julie also had an accumulation account?
In some ways, yes, as they would need to decide whether to take some of this payment from her accumulation account as well. The main factor to weigh up is the relative sizes. If John’s accumulation account is much bigger, it’s generally better to take it from his, and vice versa. If they are about the same, split the payment between them to even up their accumulation balances.
This is driven by what happens when one of them dies. In Julie’s case, if John died, she may want to leave as much as possible of his super in their SMSF. But she can only do this if she is able to receive it as a pension. Her challenge is that there is a cap on how much she can convert to a pension ($1.6 million), inherited super counts towards this cap and she’s already used it anyway by starting her own pension.
To some degree we can manage this. We can switch off (‘fully commute’) her own pension which will mean $1.65 million is ‘reversed out’ of the amounts that count towards her $1.6 million cap. She can fill that space with up to $1.65 million from John’s super. But anything else in John’s super will have to be paid out of the fund. It would have been better for Julie if some or all of John’s accumulation balance had actually been in her name. She can leave her own super just accumulating in the fund but not John’s.
Since we never know who is going to die first, keeping the accumulation accounts roughly equal hedges our bets.
What about next time?
What if John’s accumulation account eventually gets down to zero and they have another need for an extra payment?
Then the money will need to come from one or both of their pensions. But even then, there is a better answer than just a large pension payment.
They should consider a ‘partial commutation’. Partial commutations feel the same as a pension payment to anyone who receives one but with an important difference: a partial commutation ‘gives back’ some of the $1.6 million pension cap that has already been used up whereas a very large pension payment does not.
Let’s imagine, for example, that sometime in the future John takes a partial commutation of $200,000 from his pension. He will then have an extra $200,000 ‘space’ in his pension cap. That could be really useful if (for example) he and Julie sell their home in the future and make special contributions known as ‘downsizer contributions’. He could convert $200,000 of his downsizer contribution into another pension. If he hadn’t created this space, the whole contribution would need to stay in an accumulation account.
It’s also useful in a scenario if Julie dies and he wants to leave as much as possible of her super in a pension that’s paid to him. Remember that inherited super counts towards the $1.6 million pension cap if it’s paid to the survivor as a pension. John can manage this by switching off some of his own pension to create ‘space’ to absorb a pension from Julie’s super. But the less he switches off the better. If he’s already created some space by taking partial commutations in the past, he’ll be able to leave more of his own pension in place.
Pensions are fantastic structures to have in place in an SMSF but the careful thinking about structuring doesn’t end when the pension starts.
*Meg Heffron is the Managing Director of Heffron SMSF Solutions. The information in this publication is of a general nature only. All information has been prepared without taking into account your objectives, financial situation or needs. Because of this, we recommend you consider, with or without the assistance of a financial adviser, whether the information is appropriate for you.