Final Exam Flashcards

1
Q

what is superannuation?

A
  • tax effective structure to allow a person to save and invest while working for retirement
  • regulated by government but self by private super funds
  • compulsory system of super ensures people can have a comfortable retirement
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2
Q

what is the superannuation guarantee scheme (SGS)

A
  • current rate 11%
  • some companies pay 12% during parental leave
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3
Q

what are the basics of super?

A
  • SG must be paid regardless of pay
  • employees under 18yrs must be paid if they work > 30 hours a week
  • concessional means favourable tax treatment (15% tax)
  • Employers can claim a tax deduction for superannuation contributions
    made for employees as they are deferred income payments
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4
Q

what is the ASFA retirement standard?

A

The ASFA Retirement Standard benchmarks the annual budget needed by Australians to fund either a comfortable or modest standard of living in the post-work years. It is updated quarterly to reflect inflation and provides detailed budgets of what singles and couples would need to spend to support their chosen lifestyle

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5
Q

what are the conditions of release for retirement funds?

A
  • reaching preservation age and retiring
  • reaching preservation age and beginning a transition-to-retirement income
    stream
  • ceasing an employment arrangement on or after the age of 60
  • reaching 65 years of age (even if not retired)
  • Compassionate grounds (e.g. terminal illness, permanent incapacity etc.)
  • Death
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6
Q

what are preserved benefits to super?

A
  • Any contributions to your superannuation and investment performance since 30 June 1999, are preserved benefits.
  • Including member contributions, spouse contributions, the co- contribution, low-income superannuation contribution, plus any investment earnings on those contributions.
  • Preserved benefits may be cashed voluntarily only if a condition of release is met.
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7
Q

what are restricted non-preserved benefits of super?

A
  • benefits not defined by preserved benefits and cannot be received until condition of release is met.
  • benefits from employment related contributions before 1 July 1999.
  • If you do not have any superannuation which is restricted non-preserved now, then you will never have any. The amount of your restricted non-preserved benefit can either stay the same or decrease, but it cannot increase.
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8
Q

what is unrestricted non-preserved benefits?

A
  • benefits which are not required to be preserved because a condition of release has taken place. There are no restrictions on a member receiving an unrestricted non-preserved benefit from a fund, irrespective of his or her age.
  • If you meet a condition of release, then your preserved benefits and restricted non-preserved benefits become unrestricted non-preserved benefits.
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9
Q

what are taxable component types for super funds?

A
  1. Taxed element includes amounts where a fund has paid 15% tax on the contributions or earnings. Concessional rates of tax will apply to benefits containing a taxed component.
  2. Untaxed element includes amounts where a fund has not paid any tax on the contributions or earnings. Untaxed super funds are generally run by Commonwealth, State or Territory government departments, and are generally either public sector super schemes or constitutionally protected funds.
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10
Q

what is the tax free component of super funds?

A

These are most commonly member contributions where a tax deduction has not been claimed by the member (e.g. non-concessional (after-tax) contributions).

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11
Q

what are the factors affecting tax on super withdrawal?

A
  • your preservation age
  • the age you will be when you get the payment
  • whether the money in your super account is tax-free or taxable
  • whether you will get the payment as an income stream or lump sum.

You don’t pay tax on the tax-free component of your super when you withdraw it regardless of your age or the way you withdraw it.
f all assessable income is known, calculate actual tax payable. If all assessable income is not known, state which rules apply.

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12
Q

what is the tax payable if you are under preservation age?

A
  1. taxable component: taxed element, withdrawal: income stream.
    - tax payable: marginal tax rate. However, if you receive the income stream as a disability super benefit, you are entitled to a tax offset of 15% on the taxed element.
  2. taxable component: taxed element. withdrawal: lump sum.
    - tax payable: Your marginal tax rate or 22%, whichever is lower
  3. taxable component: untaxed element. withdrawal income streams.
    - tax payable: your marginal tax rate
  4. taxable component: untaxed element. withdrawals: lump sum.
    - tax payable: Your marginal tax rate or 32%, whichever is lower – unless the lump sum is more than the untaxed plan cap
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13
Q

what is the untaxed plan cap amount?

A
  • The untaxed plan cap amount is the maximum amount of the untaxed element subject to concessional tax rates.
  • Amounts above the untaxed plan cap are taxed at the top marginal tax rate.
  • The untaxed plan cap applies separately to each super fund you receive a super lump sum from.

The untaxed plan cap is $1.65 million in 2022–23.

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14
Q

what is low rate cap and 15% tax offset?

A
  • The low rate cap is a lifetime limit on the amount of the taxable component (taxed and untaxed elements) that can be taxed at a concessional rate of tax.
  • The 15% tax offset is available against assessable pension income where superannuation money is used to purchase an income stream.
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15
Q

what are retirement income streams?

A

Australians have traditionally preferred to receive lump sums rather than income streams in the past because savings in super funds were quite low.

the features of income streams that can be commenced include:
- Payable for a fixed term or life
- Indexed in line with CPI or other such measure
- Reversionary pensions, where on the death of a member, the pension is paid to a
spouse, child or other dependent.

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16
Q

what is pensions - RIS?

A

– income payments made by superannuation funds
– basis for payment is defined in the super fund’s trust deed and depends on the member’s eligibility

types: account based pension and market linked pensions

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17
Q

what is annuities - IRS?

A

– income payments made by life insurance companies
– payments arise from a specific personalised contract between a life company and the policy owner
– Can be purchased with superannuation funds or ordinary money

types: lifetime income stream and fixed term income stream

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18
Q

what are account based income streams?

A
  • amount paid from account based in come stream is calculated using members account balance
  • balance fluctuates with market fluctuation s
  • the member selects the investment option
  • income continues as account balance remains
  • account based pension covers account based and market linked pensions
  • can only be acquired with funds from superannuation.
  • income payments can be varied each year depending on needs, full access to capital anytime, no loss of capital upon death unless transferred.
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19
Q

what are fixed term annuities?

A
  • pays an income stream for a set period of time
  • term of pension is set
  • terms of payment of income and repayment determined at the start
  • term generaly 1- 25 years.
  • Some or all of the original capital can be returned at the end of the contract as a ‘residual capital value’ (RCV option is not typically available for annuities purchased with superannuation money)
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20
Q

what is the income, flexibility and risk management aspect of account based pensions?

A

income:
- Difficult for retirees to decide how much to withdraw
- Payments cease when balance is exhausted

flexibility: - Complete flexibility of withdrawals (subject to statutory minimum)
- Residual balance at death available to bequests

risk management:
- Individual exposed to longevity, inflation and investment risks

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21
Q

what is the income, flexibility and risk management aspect of annuities?

A

income:
- Payments continue for fixed term or life
- Purchase price includes margins for servicing capital

flexibility:
- Non-commutable
- Generally no residual balance at death

risk management:
- Provides complete longevity risk protection
- Indexed annuities also provide inflation risk protection

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22
Q

what are the features of annuities?

A

i. periodic payments at regular intervals (e.g. ordinary annuities pay in arrears and an annuity due pays in advance of the interval)
ii. the effective rate of interest, i, per payment interval remains fixed over the annuity term
iii. the term is a fixed number, n, of regular intervals

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23
Q

what is the mean variance efficient strategy?

A
  • Risk tolerant retirees would invest their entire lump sum in risky assets and take income by drawdown.
  • Risk averse retirees would use the entire lump sum to purchase a fixed term annuity

MVE does a bit of both:
The lump sum is split into an income component and an investment component. Retirees get the stability of retirement income and exposure to high expected long-term returns from growth assets

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24
Q

what parts is the MVE split into?

A

– One part is used to purchase a guaranteed term certain annuity (of between 9-14 years) indexed at 3% p.a. each year and payable monthly.
– The other part is invested in the share market, specifically an index fund over the guaranteed income years.
– The split is designed so that the original capital used to purchase the income can be expected to be replaced (in real terms) at the end of the term certain annuity.

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25
Q

what should be considered for choosing RIS options?

A
  • Risk tolerance
  • Life expectancy
  • Health
  • Goals and objectives
  • Estate planning requirements
  • Current rules regarding drawdowns
  • Product market / rates of returns
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26
Q

what are the types of transition to retirement strategies?

A
  • Accessing extra income before fully retiring
  • Reducing working hours but maintaining the same income
  • Boosting super contributions and drawing income
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27
Q

what are the conditions for transition to retirement strategies?

A

– You must have reached your preservation age:
– You must take between a minimum of 2% and a maximum of 10%
of your balance each year
– The pension is “non-commutable” (cannot be taken as a lump sum)

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28
Q

what is the aim of the social security system?

A
  • The government outlays around one-third of its expenditure towards social security and welfare.
  • The overall aim is to provide a background of fairness and opportunity for all Australians.
    –Provide child support services
    – Provide financial assistance to those who cannot
    sufficiently provide for themselves.
    – Provide income and subsidised assistance to retired
    persons.
    The aim of government social security is to provide a minimum standard of living for all Australians.
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29
Q

what is financial planners responsibility for social security planning?

A

– Ensure the client is aware of all benefits available to them and their family.
– Consider social security strategies that can improve a client’s overall income and long term asset position.
– Consider the ancillary (extra) benefits that are provided to social security recipients. (slide 14)
– Consider the direction of policy. What might gov’t do?

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30
Q

what are objectives of government due to ageing population?

A

Encourage retirees to be self reliant in terms of their income needs
Helping to support retirees and the aged that have limited or
insufficient funds by providing a government aged pension
 Helping the aged to stay at home for as long as possible with various support mechanisms

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31
Q

how does indexation for age pensions work

A
  • indexed twice yearly
  • The Age Pension rate is calculated on the basis of rises in the Consumer Price Index (CPI), the Pensioner and Beneficiary Living Cost Index (PBLCI) and the average income of wage and salary earners measured by Male Total Average Weekly Earnings (MTAWE)
  • whichever is highest
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32
Q

what are some allowances for the elderly?

A
  • veterans/war widows
  • partner allowance for older partners
  • aged car
  • health care
  • support services
  • commonwealth carer respite
  • pensioner concession card.
  • commonwealth seniors health card
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33
Q

what is the eligibility for age pensions?

A
  • reached your pension age pension
  • australian resident of at least 10 years
  • income and assets tests met
  • amount age pension received is based on the test that delivers lowest amount
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34
Q

what is the pension supplement?

A
  • assist with household bills and everyday expenses
  • made fortnightly with regular pension payment
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35
Q

what is energy supplement?

A
  • ongoing payment to help eligible households with any impact from the carbon price on everyday expenses

The Energy Supplement is not available to new Age Pensioners from 2018, although existing Age Pensioners as at 19 September 2016, will continue to receive the Energy Supplement.

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36
Q

what are examples of assessable assets?

A
  • Household contents and personal effects
  • Motor vehicles, boats and caravans
  • Collections, such as stamps or coins or antiques
  • Financial investments, including cash, term deposits, shares
  • Superannuation assets after age pension age
  • Investment property
  • Business assets
  • Surrender value of life insurance policies
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37
Q

what are examples of non assessable assets?

A
  • Your principal home and generally up to 2 hectares of privately used, surrounding land on the same title
  • All Australian superannuation and rollover investments not in the drawn down phase in an approved fund until you reach age pension age
  • A cemetery plot and either a prepaid funeral or up to two funeral bonds that cost no more than the allowable limit which is currently $12,500
  • Aids for people with disability
  • Monies received from the National Disability Insurance Scheme to provide for the needs of people with disability
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38
Q

what’re the gifting rules with assets test?

A
  • social security act is designed to prevent pensioners gifting away large sums of money so as to qualify for an age pension entitlement.
  • gifting rules apply to an assets you give away 5 years before receiving pension
  • Following the gifting rules means not gifting more than the allowable gifting amount in a financial year, which is $10,000 (annual limit) or $30,000 (five- year limit) over a rolling 5-year period. These rules apply for singles and couples.
  • If you exceed these amounts, then the excess gifted amount will be subject to deeming (the amount of income that will be used under the income test to determine eligibility)
  • It is important to note that the gifting rules apply to any gifts made in the 5 years before receiving the Age Pension
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39
Q

how can transferring assets to younger spouses super useful?

A

The benefits of ‘super splitting’ can be powerful around retirement, especially if one partner is still a few years off reaching Age Pension age.
* Super is generally ‘sheltered’ from Centrelink assessment during the accumulation phase until you hit Age Pension age. This may let a couple take advantage of the younger spouse’s ‘sheltered’ status if they haven’t yet hit Age Pension age.
* Using the ‘bring forward provisions’ could help your clients move up to $300,000 into their younger spouse’s super account. Putting $300,000 from the assessable environment into a younger spouse’s exempt super account could increase the older spouse’s Age Pension by up to $11,700 per year under the assets test until the younger spouse reaches Age Pension age.

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40
Q

how can renovating family home reduce assessable assets and increase age pension entitlements?

A
  • renovating brings forward the cost to enjoy renovations sooner and get some age pension.
  • cost of Reno is taken off assessable assets value.
  • boost combined age pension, increased value home and reduced yearly electricity and water bills
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41
Q

what are examples of assessable income?

A
  • deemed income from financial investments,
  • gross employment income,
  • income from sole trader or partnership businesses
  • distributions or dividends from private trusts and private companies
  • real estate income
  • reportable superannuation contributions
  • income from outside Australia
  • some lump sumps
  • some indigenous income Australians
  • paid parental leave scheme payments
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42
Q

for deemed income, what do financial investments include?

A
  • savings accounts and term deposits
  • managed investments, loans and debentures
  • listed shares and securities
  • account-based income streams from 1 January 2015
  • gifts
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43
Q

for deemed income, financial investments do not include?

A
  • your home or its contents
  • cars, boats and caravans
  • antiques, stamp or coin collections.
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44
Q

how is employment income used for income test?

A
  • The first $300 per fortnight of employment income is disregarded for income test
  • Any unused amount (between zero and $300) is added to your Work Bonus balance, to a maximum of $7,800
  • The Work Bonus balance is used to offset any future employment income you earn that exceeds $300 in a fortnight
45
Q

what are the obligations of a financial planner for estate planning?

A
  • Identify objectives and wishes
    of the client’s estate
  • Identify assets available to the estate for distribution, and non-estate assets
  • Identify tax implications on the estate plan.
  • Ensure an up-to-date and valid will is executed
  • Establish an enduring power of attorney
46
Q

what is superannuation death benefit?

A
  • Super paid after a person’s death (to a dependent, legal personal representative of the deceased or to any other person) is called a “superannuation death benefit”
  • Death benefit = super account balance + any life insurance payment
47
Q

how to nominate someone for death benefit?

A
  • binding nomination means trustee must carry out instructions to dependants or leek personal representative
  • binding nomination only valid for 3 years
  • A non-binding nomination guides the super fund trustee on who will get your super benefits. However, the trustee still has the final say, especially if you nominate someone who doesn’t depend on you. The trustee is not required to follow the instructions in your will.
48
Q

what is the diff between a super dependant and a tax dependant?

A

superannuation dependant:
1. Current married spouse or de facto partner (including same sex)
2. interdependency relationship (e.g. have a close personal relationship, live together, provide each other with financial support/domestic support/personal care)
3. Child (of any age)

tax dependant:
1. Current or former married spouse or de facto partner (including same sex)
2. nterdependency relationship (e.g. have a close personal relationship, live together, provide each other with financial support/domestic support/personal care)
3. Child = under 18 years
A child over 18 years, must also meet another condition of dependency (e.g. financially) to be considered a dependent

49
Q

what are the limitations on who can receive a death benefit income stream?

A
  • It is not possible to pay a super death benefit income stream to a non-dependent for tax purposes.
  • Adult children can only receive an income stream if they are under 25 years old and financially dependent on the deceased or have a permanent disability
  • Adult children with a permanent disability can continue to receive an income stream after they turn 25 years old. In all other situations the income stream must change to a lump sum before they turn 25 years old.
50
Q

comparing death benefit lump sums to income streams?

A
  • The benefit of commencing the income stream is that any income earned by the fund on the investments used to pay the income stream will be tax free within the superannuation fund. Death benefit income streams retain funds in super.
  • If someone takes a death benefit lump sum and then wishes to contribute it to their super, they must do so within the contribution limits (see next slide) to receive concessional tax treatment.
51
Q

what does a will specify?

A

– how asset is dealt with after willmaker’s death
– directions about whom the willmaker wants to distribute their assets to
– who will be responsible
* for finalising affairs, and
* ensuring assets are distributed in accordance with the will
* Not all estate planning is done via a will
– It depends on whether the asset is an estate or non-estate asset

52
Q

what are non-estate or estate assets for a will?

A

non-estate assets:
- Assets that are either jointly owned OR owned and controlled through independent business structure
Eg. trust or family company assets, super, joint tenancy property

estate assets:
These are assets that are solely owned by the willmaker and are the only assets which can be left in a will

53
Q

what assets can/can’t be given away under will

A

yes:
- solely owned assets
- assets owned in joint names (can only pass your share under will)

no:
- assets owned in joint names as joint tenant because they are non-estate assets. joint owned property passes automatically to the surviving joint proprietor. If the other joint owner dies before you the asset will be hold solely by you then can be disposed under will.
- trusts are not owned personally by a particular individual. if you are the trustee you can appoint your successor through your will.

54
Q

how is a will considered valid?

A
  • The testator must be of legal age (18+ years)
  • The testator must have testamentary capacity
  • The testator must have the intention of making a will
  • Must be in writing
  • Must be signed by the will maker in the presence of at least two adult witnesses
55
Q

who can make a will?

A

– Understand the nature of making a will
– Understand the extent and character of the property left in the will
– Understand the claims of potential beneficiaries
– Have no mental disorders which may influence the decision

56
Q

what is the difference between join tenancy and tenancy in common?

A
  • Joint tenancy
    – Both parties own the entire asset
    – Becomes estate asset of the last surviving co-owner
  • Tenancy-in-common
    – Each party owns a separate, defined portion of the asset – Only their own share forms an estate asset
  • Joint tenants must contain equal shares at the same time. Tenants in common can be obtained at different times.
  • For joint tenants, the interest of a deceased owner automatically transfers to the surviving owner. Tenants in common have no rights of survivorship.
57
Q

what is the power of attorney and types?

A
  • Authorises someone else to act on your behalf while you are alive.
    – Laws differ btw states & don’t transcend states

types:
– General (POA) and Enduring (EPOA)
– POA ceases when the donor becomes mentally
incompetent.
– EPOA continues even after donor is mentally incompetent.
– All powers continue until the death of the donor at which time power is revoked

58
Q

what is the enduring power of attorney?

A
  • Most states have created different types of enduring power of attorney (EPOA)
    – EPOA(Financial)
    – Enduring Power of Guardianship (EPG) – Advance Health Directive (AHD)
  • Normally beneficial for spouses to hold EPOA each
    – consider appointment of another family member in case they become mentally incompetent at same time
59
Q

what is an executor (male)/ executrix (female)

A
  • An executor (of estate) is appointed to look after & distribute assets after you have passed
    – Trusted family members, a public trustee company or a firm of advisers
    – must be willing to take on role and be told where the will & other important documents are kept
60
Q

what is the role of the executor?

A
  • Managing the legal and financial affairs of the estate
  • Organizing funeral
  • Obtaining grant of probate (proof of will)
    *Locating, protecting (physically) &insuring estate assets
    *Paying outstanding debts from the estate
  • Distributing remaining assets in accordance with will
  • Defending the will if there is a challenge
61
Q

what is the grant of probate?

A
  • On death, the deceased’s will must be proved
    – Supreme Court’s Probate Office
  • Court confirms appointment of executor / administrator (appointed by court in case of no executor appointed by themselves)
  • Grant of probate gives executor the power to – Deal in the estate
    – Make distributions in accordance with the will
62
Q

what is the right of beneficiaries?

A
  • Right to have the estate administered properly
  • No claim while estate is in hands of executor – but can bring executor to court to apply for probate
    *Not entitled to borrow against the assets of the estate until it is settled & title passed to them
63
Q

when can a will be contested?

A
  • The validity of a will can be challenged on the basis of:
    – Lack of testamentary capacity
    – Undue duress (pressure exerted upon a person to coerce that person to
    perform an act that he or she ordinarily would not perform).
    – Incorrect execution
  • Inadequate provisions
    – Spouse, de facto spouse/partner, children, parents – Conditionally: grandchild, former spouse/de facto
    *Within six months of probate (varies by state)
64
Q

what happens when a person dies without a will?

A

*Estate distributed according to state law
– eg. spouse and children
* Estate <$50,000, all to spouse
* Estate >$50,000, $50,000 & 1/3 residual spouse, 2/3 children
– eg. only children, equally among children
– eg. spouse, brother/sister (their child), parent, no
children
* Estate <$75,000, all to spouse
* Estate >$75,000, $75,000 & 1/2 residual spouse

65
Q

what is the objectives of estate planning

A
  1. Establishing tax-effective structure by which estate assets and income can be distributed to intended beneficiaries and
  2. Providing willmaker control over how their estate will be distributed & managed after their death.
66
Q

what is a testamentary trust

A
  • A testamentary trust established through a will is common way to achieve these objectives
  • The trustee has
    – control over the trust assets
    – authority to distribute income and capital in accordance
    with trust deed (a legal document that sets out the rules for establishing and operating your fund. It includes such things as the fund’s objectives, who can be a member, and whether benefits can be paid as a lump sum or income stream).
    – personal obligation and fiduciary duty
67
Q

what are the main trust types?

A

– a living trust (inter vivos trust), established during a person’s lifetime
– testamentary trust, established by will after the death of the person, comes into effect upon death of the willmaker
- A fixed trust (or unit trust) gives beneficiaries a fixed entitlement to distributions and capital in proportion to number of units held.
-A discretionary trust gives beneficiaries an entitlement to be considered for distributions from the trust but not the right to receive distributions.

68
Q

what are the roles associated with trusts?

A
  • Trustees (see slide 36)
  • Appointor of the trust:
    – has the power to fire and replace trustees (e.g. controls who is in power).
    – Can be the trustee/primary beneficiary of the fund
    – Trust deed should specify the appointment of Appointor rules
    – Without specifications, the role of appointor transfers to the executor of the estate
69
Q

why are trusts used in estate planning?

A

– Tax minimisation/effectiveness
– Asset protection
* Discretionary trust can be used to protect assets from creditors
* Testamentary trust can also be used to protect assets from beneficiaries with “problems”
– Succession
* Future generation benefits from assets
* Divorce settlements
– Provision for minor and/or disabled dependants

70
Q

what is risk in terms of investments?

A
  • In the context of investments, (financial) risk is a necessary precondition to make returns – but there are other types of non-financial risks which many people will want to eliminate/control
71
Q

what are the categories of risk?

A

1a. Pure risk
– Beyond your control with only one outcome: loss (e.g. if accident happened) vs no loss (if nothing happened
1b. Speculative risk
– A situation with two outcomes: gain (profit) vs loss
– Gambling is a good example of speculative risk (also investing?)
2a. Fundamental risk
– A risk that affects the entire economy or a larger group of persons – E.g. natural disasters
2b. Particular risk
– A risk that affects a particular individual event

72
Q

what is risk management?

A
  • Risk management is the process of identifying and evaluating situations involving pure risk to determine and implement the appropriate means for its management.
  • A branch of management that provides a systematic approach to the management of pure risk
73
Q

what is the risk management procedure?

A

1) Identify the risks
2) Evaluate the risks and quantify
– Lump sum costs, provision for dependents, disablement costs
– E.g. lump sum costs of premature death
– E.g. ongoing costs of disablement
3) Handle the risk

74
Q

what is the multiples approach of quantifying risks?

A

The multiples approach for the provision of dependents
– E.g. Take current gross income $60,000 and apply
a rate of return 10% or a multiple of 10 times
- This amount when invested today will produce an annual income similar to the pre-death income (i.e. $60,000 p.a.) forever.

Pros/cons of this approach:
- Relatively simple to calculate by addressing only income-
replacement needs
- BUT ignores inflation, age, family situation and other resources (assets) that could cover the lost income

75
Q

what is the needs analysis approach of quantifying risks?

A

the needs analysis approach which is a detailed budget reviewed from time to time
1. Calculate the amount needed for the dependents to maintain their standard of living
2. Calculate the resources the dependents currently have to meet those needs
3. Cover (life insurance) needed = (1) – (2)

discussion:
* If premium cost is a factor then educate the client about how reducing the sum insured will impact premiums and any future living arrangements (ie. other aspects of your recommendation)
* Inform the client on any assumptions you have used in your calculation (ie. tax rates, inflation, interest rates, investment returns etc)

76
Q

what is insurance underwriting?

A
  • The process of insurance companies creating rate classification schedules to help decide whom they will insure and how much to charge
    • Insurance underwriting involves evaluating and measuring the risk and exposures of potential clients.
  • how much coverage client should receive, premium level the client should pay, whether to accept or decline risk is decided.
    • The information used to evaluate the risk of an applicant for insurance will depend on the type of coverage involved
77
Q

how to handle/manage the risk (third step risk management procedure)

A

i. Eliminate
ii. Reduce, e.g. Control lifestyle factors such as diet, fitness, smoking, alcohol
iii. Retain - meet requirements from own resources (aka self- insure)
iv. Transfer - shift financial responsibility to another party (insurance company)
v. Some combination,

78
Q

what is insurance?

A
  • A practice or arrangement by which a company or government agency provides a guarantee of compensation for specified loss, damage, illness, or death in return for payment of a premium
  • insure pay premiums to insurance company - calculated based on payouts of pv
    – The premium will therefore incorporate the probability of the insured suffering a loss, the size of the payout, and an appropriate discount factor
    – In aggregate, the insurance company expects to collect more premiums and then they are expected to payout (ie. insurance is a negative NPV investment from the perspective of the insured)
79
Q

what are the types of insurance?

A
  • Personal
    – Life (Term life / Whole life)
    – Disability
  • Disablement (TPD)
  • Income protection
  • Trauma (critical illness)
    Financial planning focuses on personal insurance as it is more complicated and clients can generally handle their own general insurance
  • General
    – Liability and indemnity (public liability, product liability, professional indemnity etc)
    – Workers’ compensation
    – Business (business interruption, business property, business expense)
    – Home and contents
80
Q

what is life insurance?

A
  • provides lump sum to the policy owner or the nominated beneficiaries if a person dies
    1. A term life policy pays the nominated death benefit when the person whose life was insured dies during the period of insurance (usually yearly contracts). It is often described as ‘pure protection’.
      1. Wholelife(cash-value)policypaysthenominated death benefit when the person dies – a whole life policy is effectively a term life policy rolled over from period to period (does not need to be renewed) and also incorporates a savings/investment element. It is referred to as permanent insurance.
81
Q

what are life policies?

A
  • Policy Features:
    – Indexed sum insured
    – Options for policy duration
    – Premiums (stepped, level).
  • Some common exclusions (but may differ across contracts): – Suicide within the first 13 months of insurance coverage – Self-inflicted injuries
    – Death resulting from war and warlike activities as well as civil commotions and other similar events
    ‘– Where a pre-existing condition that was not disclosed to the insurer before entering into the cover is the cause of death
82
Q

what are the disability policies??

A

1) Duty-based: Life insured is totally disabled if he/she is:
* unable to perform any one of the principal income producing duties of his/her own occupation
2) Time-based: Life insured is totally disabled if he/she is:
* unable to perform his/her own occupation for more than 10 hours per week
3) Income-based: Life insured is totally disabled if he/she is:
* unable to generate at least 80% of his/her pre-disability income through personal exertion in his/her occupation

83
Q

what are the types of total and permanent disability insurance policies?

A
  1. Own Occupation TPD
    – More comprehensive option for people who are qualified in a specific occupation and have become disabled and not able to perform that particular occupation (you had at the time you became disabled) for six consecutive months.
    – Usually attract a 50% extra loading on premiums.
    – More generous and, therefore, cost more
  2. Any Occupation TPD
    – Not as specific as the TPD Own Occupation definition
    – It insures you in the event that you have become permanently disabled and cannot perform any occupation (not only the job in which you are currently employed, but also not be able to perform the duties of any other occupation) for six consecutive months.
    – Lower premiums but less chance of making a successful policy claim
84
Q

what are features of income protection insurance?

A

– Monthly sum insured
* Usually up to 75% of lost income.
– Waiting period
* Most benefits are subject to a waiting period before the benefits become payable (usually between 14 days and 2 years).
– Benefit payment period
* The maximum period for which a claim is payable (usually from 2
years to age 70).

Premiums are tax deductible

85
Q

what are two types of income protection insurance

A
  • Indemnity cover - based on 12-month consecutive period of pre- disability earnings
    – Prove income at application and verify income at claim. If income is reduced, then paid out on the reduced income.
  • Agreed value – based on agreed level of income
    – Prove income at application and it doesn’t matter if income changes by the time you make a claim
    – For those concerned with income fluctuation or periods of leave
    – Greater contractual certainty but 15-20% more expensive
86
Q

what is trauma insurance?

A

Trauma cover provides a lump sum if the insured person suffers a trauma condition known as a “medical catastrophe” for which they are covered
– E.g.Heartattack,stroke,somecancers.Thesecan be recovered from and the person can eventually return to work.
* Trauma insurance provides a tax free lump sum payment
* There are no restrictions on how it can be used. E.g. can be used to:
– Cover additional costs such as out of pocket medical expenses
– Meet expenses you cannot cover due to being off-work
– Lifestyle changes etc.

87
Q

what are stepped and level premiums?

A
  • Stepped premiums:
    – Are recalculated at each policy renewal and usually increase with risk factors such as age
    – May seem less expensive than level premiums in the short term
  • Level premiums:
    – Are calculated based on your age at the start of the policy and premium remains consistent as you get older
    – You may pay a little more when you take out the policy but the premium does not increase (unless the contract changes)
    – Over the long term, level premiums are generally less expensive than stepped premiums
88
Q

what are advantages and disadvantages of insurance through super?

A

– Advantages
* Premiums can be less (due to group underwriting / super fund bargaining power)
* Life and TPD premiums may be tax-deductible BY THE FUND. (15% contributions tax may be offset and rebated back into your account through a tax deduction claimed by the fund.
– Disadvantages
* Payout to super fund, event may not trigger condition of release, trapped until preservation age

89
Q

what are the pros of insurance inside super?

A
  • Pay premiums with pre-tax dollars, so they are cheaper.
     Life and TPD premiums are tax deductible inside super (Income protection premium is tax deductible outside super).
  • Super funds may be able to negotiate cheaper rates because they are dealing in bulk. But this may depend on the age of the member.
  • There is automatic acceptance up to certain amounts of cover, with no need for health checks.
90
Q

what are the cons of insurance inside super?

A
  • You may not be able to access the benefits until retirement or a condition of release is met (payments are treated as superannuation money).
  • Death benefits may be taxed, depending on to whom the benefit is paid
  • You cannot insure for TPD ‘own’ occupation.
  • If you have insurance inside super and you change employers, you will have to apply for new insurance (if you have to leave your previous fund). A new insurer may look at your health history and you may not get it or it may cost you more.
  • Insurance outside super will mean you can be insured no matter where you work. If you are planning on changing employers, or especially if you are working overseas, insurance outside super may be the better option.
91
Q

what are policy ownership considerations?

A

– Life and TPD premiums are generally
* Not tax deductible for individuals
* Deductible to a superannuation fund (any occupation TPD only)
– Life and TPD benefits are generally tax free when paid
* Outside of superannuation
* To dependents from the superannuation environment. Benefits paid to non-dependents are generally taxed.
– Income protection premiums are generally tax deductible whether inside or outside of super. The benefits are subject to tax.
– Trauma premiums are not tax deductible. The benefits are generally tax free.

92
Q

what are estate planning issues with insurance policies?

A

– If the policy is owned by the life insured, it is generally paid to the estate asset and distributed as per the person’s will (if no beneficiaries nominated).
– If the policy is owned by a superannuation fund, it is important to have a legally binding death benefit nomination in place to ensure proceeds are paid as desired.
– If the policy is owned by a third party, the proceeds are paid to them

93
Q

what are self managed super funds?

A

– Private (your own) super funds
– are designed to provide tax-efficient retirement benefits to members of the fund
– are established by execution of a trust deed that sets out who can be members and the rules and principles upon which the fund operates
– can be established from a roll over from an existing super fund
* no lump sum tax will be payable at that time
– alternatively, by cash and/or asset contribution
It is generally advised that you need about $200,000 in superannuation savings before you can start a SMSF

94
Q

what’re features of SMSF?

A
  • operated by fund trustee
  • can have up to 6 members.
  • The fund trustee has wide discretion in selection of investments for the fund
    – such investments enjoy tax advantages if the fund is established as a Complying Superannuation Fund under existing SIS Act legislation
  • While SMSFs (private super funds) are regulated by the Australian Taxation Office (ATO), all other types of funds (public super funds) are regulated by the Australian Prudential Regulation Authority (APRA).
95
Q

what are benefits of SMSFs?

A
  • Control
    – member sets fund rules via Trust Deed
    – member (trustee) decides on investments and how it’s paid when you retire.
  • Flexibility
    – fund is ‘portable’ in event of employment change.
    – SMSF (a private super fund) provides more choice and freedom to access investment option that would otherwise be unavailable through a public super fund. This includes assets like real property, art and collectibles (e.g. stamps and coins) as well as physical gold.
    – timing of investments for capital gains tax purposes
  • Tax advantages
    – SMSFs can allow members to take advantage of different tax offsets and deductions.
  • Cost reductions
    – They have set-up and ongoing administrative costs
    which are usually fixed
    – SMSFs can be more cost-effective for those with larger balances
96
Q

what are the disadvantages of SMSFs?

A

The main one is responsibility and liability - strong onus on trustee / member to comply with rules.
– If the fund is deemed to have breached its compliance responsibilities, penalties can include fines and civil or criminal proceedings.
– Depending on the offense, tax penalties could be increased, including fund returns being taxed at the top marginal tax rate as opposed to the concessional super rate of 15%
- costs can be more expensive if no or limited access to wholesale rates and inability to access group insurance rates
* Investment issues
– significant amounts are needed to adequately diversify across investment classes (over 1⁄3 of SMSFs are small, holding <$100,000 in available funds).
– failure to adequately manage investments (e.g. lack of knowledge)
– retaining poor or non-performing assets

97
Q

what are the steps to starting an SMSF?

A
  1. name for fund
  2. draft the trust deed
  3. obtain written consent of trustees to act
  4. obtain and sign ATO trustee responsibility form
  5. obtain applications for membership of fund, personal details, TFNs
  6. hold first meeting of trustee
  7. open a bank account in the name of the fund
  8. rollover personal super into bank acc
  9. implement investment stratgeies
  10. implement pension strategies
98
Q

what should the trust deed include?

A
  • mechanisms for appointing and removal of trustees
  • decision making powers of trustees
  • process for admission of members
  • mechanisms for appointment of advisers
  • determination of standing rules for meetings, voting guidelines, how and when trustee meetings are held, etc.
99
Q

what are the duties of a trustee?

A
  • Duties / obligations of a SMSF trustee arise from:
    – Superannuation fund trust deed and governing rules – Statutory Law (SIS Act)
    – General trust law
  • Note that there is some overlap of SIS and trust law (fiduciary) duties.
  • Note also that numerous specific duties are deemed to be included in covenants of the Trust Deed of every regulated superannuation fund.
100
Q

how to appoint a corporate trustee?

A
  • Limits trustees legal exposure – limited liability of a company means any claim against the fund is limited to the assets of the corporate trustee company (not its directors)
  • Corporate trustees are typically companies attached to banks/financial institutions and due to their network/economies of scale, can offer reduced compliance costs and service provider costs.
  • Change of membership is less troublesome with a corporate trustee (individual trustees can come and go and a new trust deed does not need to be created).
  • Compliance for paying lump sums is easier with a corporate trustee.
  • With a corporate trustee, the fund can choose to be APRA or ATO
    regulated. If APRA regulated it becomes a small APRA fund
101
Q

what is the sole purpose test for SMSF?

A
  • It is a fundamental requirement that a regulated fund (including SMSFs) is maintained solely for provision of retirement benefits to members
  • More specifically, it must provide:
    1. retirementbenefitsaccumulating(meetingaconditionof release)
    2. benefitstotheirdependantsifamemberdiesbefore retirement
  • It is a very strong test, and the consequences of a breach can be significant. In addition to the fund losing its concessional tax treatment, trustees could face civil and criminal penalties.
102
Q

what is the in house assets test for SMSF?

A
  • There are restrictions on what are known as “in-house” assets/investments. These are closely related to parties associated with the fund.
  • Lending/borrowing/investing fund money with associates (related parties) is restricted.
  • The maximum value of a fund’s in-house assets cannot be more than 5% of the market value of the fund’s total assets. Penalties apply for exceeding this.
103
Q

why can’t trustees acquire assets from members

A
  • Trustees are prohibited from acquiring assets from members, their relatives or other related parties UNLESS the asset is
  • Any real estate which is used wholly and exclusively in business (business real property generally means land and buildings used wholly and exclusively in a business) acquired at market value
  • A listed security acquired at market value
  • A unit in a widely held unit trust
  • An in-house asset under 5% of total SMSF value
104
Q

when can SMSFs borrow?

A

SMSFs can borrow directly (these transactions need to be on an arm’s-length basis – that is, at an appropriate market rate of return).
1. if it needs cash to pay a member’s benefit, or
- Money can be borrowed for up to 90 days and must not exceed 10% of the market value of the fund’s assets.
2. if it needs cash urgently to settle a share transaction
- The borrowing must not exceed 10% of the market value of the fund and must not be for longer than 7 days.
– These situations may arise if for example, the fund is heavily invested in illiquid assets that take time to be liquidated (case 2) or if a number of members suddenly become disabled or die (case 1).

105
Q

when is indirect borrowing allowed for a SMSF?

A
  • allowed to acquire an eligible asset via limited recourse borrowing arrangements (LRBAs).
  • An LRBA involves an SMSF trustee taking out a loan from a lender (commercial provider) and purchasing a single acquirable asset with the borrowings.
  • asset must be held in seperate trust
  • expenses related to asset paid by smsf
  • the lender’s rights are limited to the asset held in the separate trust
106
Q

what are the pros of LRBA?

A

Pros
* Diversification benefits (especially into commercial property)
* If you default, other assets in the SMSF are protected from “recourse”. (e.g. money cannot be recovered from fund’s other assets.)

107
Q

what are the cons of LRBA?

A

Cons
* Benefits of rental income and capital growth may not outweigh the mortgage interest and the cost of property maintenance and repairs
* Exposure to property market risks
* Illiquidity risk exposure if the property makes up a large portion of the SMSF’s total assets. If the property cannot be sold quickly in the event of default, it may impact on an SMSF’s ability to meet its obligations to members.
* SMSF and superannuation legislation changes on a regular basis / with each new government. Need to be on top of rule changes as breaches can cost thousands of dollars in fines.

108
Q

what are the rules for investing in artwork?

A

Rules
* 1) These investments must not give rise to a current-day benefit
* 2) There must genuine retirement purposes for investing in these assets (i.e. the Sole Purpose Test)
* 3) They must be stored somewhere other than the private residence so as not to be “used”
* 4) They must be insured in the name of the fund within 7 days of purchase

109
Q

what are the considerations for SMSFS and insurance?

A

– Continuity of insurance cover even with change of employment
– Super funds cannot offer trauma insurance or “own occupation TPD policies (refer to week 11 slides)
– Unlikely to be able to acquire premiums as cheaply as those offered by large superannuation funds (i.e. public super funds).