The strategy To transfer an asset into super by
June 30.
Do I want to do that? It's all the rage,
according to Multiport's technical services director, Philip La
Greca. Investors are rushing to put money into super before June 30
to take advantage of transitional measures which allow after-tax
contributions of up to $1 million. From July 1, lower annual limits
will apply. As very few people have $1 million in handy cash, they
must either sell assets to get the cash to contribute or find a way
of switching non-super assets into super.
La Greca says Multiport has seen an explosion in so-called
in-specie contributions (where assets are contributed to the fund
instead of cash) into both new and established self managed super
funds. The advantage here is that investors can retain the
underlying asset - it merely shifts from being owned by them
personally to being owned by their super fund. La Greca says
in-specie transfers are up about 300 per cent on normal with many
people shifting assets like commercial property and shares across
to beef up their super benefits. From July 1, all super benefits
can be taken tax-free once you reach 60.
Can I shift assets such as my investment property into
my fund and pay less tax? Not exactly. For starters, there
are strict limits on what assets super funds can acquire from
related parties such as fund members, their family, and related
businesses. La Greca says these rules also apply to in-specie
transfers. Broadly, he says, in-specie transfers are limited to
business real estate (property used wholly and exclusively for the
running of a business), listed securities, and certain other assets
that are exempt from the in-house rules for self-managed funds. The
most common of these is managed funds. So residential investment
properties are a non-starter.
Secondly, even though it may seem you're just transferring
assets to yourself, you are actually disposing of the asset and
your super fund is acquiring it. This means your super fund could
be liable for stamp duty on its "purchase" and you could be liable
for capital gains tax on the disposal of your investment.
It's critical to do a break-even analysis to work out whether
the tax savings in the super fund will justify the costs. In some
cases, particularly where you're sitting on a big capital gain, it
may be better to keep the asset in your own name.
Can I avoid the CGT? If you earn less than 10
per cent of your income (including reportable fringe benefits) from
employment, you may be eligible to claim a tax deduction on part of
the "contribution" to offset your CGT. La Greca says your capital
gain is included in your income in working out whether you meet the
10 per cent rule.
How does that work? Let's say you're
transferring across a commercial property worth $1 million. You'll
realise a $300,000 capital gain. Assuming you've held the property
for more than 12 months, you'll be required to add half that gain -
$150,000 - to your taxable income. Let's say your other income is
$100,000 - $80,000 from running a small business and $20,000 from a
part-time job. Normally you wouldn't be eligible to claim a tax
deduction on your super contributions as your employment income is
20 per cent of your taxable income. But with the $150,000 gain
added in, that $20,000 employment income is less than 10 per cent
of your total income. If you are over 50, you could claim a tax
deduction of about $105,000 on your personal super contributions to
offset much of the tax on your gain.
Can I decide the price at which I dispose of the
asset? The Tax Office requires in-specie contributions to
be made at fair market value and on an arms' length basis. If
you're transferring shares or managed funds, the value must be the
price on the day of the transfer. Property is a bit trickier
because it is not valued daily. La Greca says the Tax Office has
issued a ruling which says a formal valuation is not necessary, but
you need to be able to substantiate the valuation to a third party.
(Remember, self-managed funds are required to be audited, so your
valuation will be put up for scrutiny.) You need to have a
documented basis for your valuation and be able to show it is
reasonable.
Can I only do this with self-managed funds?
Some public super funds allow in-specie transfers of shares and/or
managed funds but in-specie transfers are not widely available. For
this reason, La Greca says some investors are setting up self
managed funds to take advantage of the $1 million limit - but he
cautions again that the costs should be taken into account in
determining whether the transfer is worth it.