- An overview of SMSF rules
- Who can be a member of an SMSF?
- How does an SMSF work?
- What are some of the benefits of SMSFs?
- What are some of the drawbacks of having an SMSF?
- How are SMSFs regulated?
- What are the differences between an SMSF and other super funds?
- What is the difference between an SMSF and a super wrap?
- What is the difference between an SMSF and a small APRA fund?
- The bottom line
As the name implies, an SMSF (also known as DIY super) is a private super fund that you manage yourself. SMSFs allow their members to have control over how their retirement savings are invested.
According to the latest statistics from the Australian Taxation Office (ATO), there are nearly 600,000 SMSFs in existence in Australia. More than 1.1 million Australians are members of these funds.
An overview of SMSF rules
An SMSF must be set up for the sole purpose of providing retirement benefits to its members (or to their dependants if any of the fund members die before retiring).
Setting up an SMSF involves creating a trust (a legal tax structure) with either individual or corporate trustees. Trustees manage the SMSF’s assets and are ultimately responsible for ensuring the fund’s ongoing legal compliance with superannuation and taxation legislation. That compliance includes annual auditing, reporting and taxation obligations to the ATO.
Who can be a member of an SMSF?
All of the members of an SMSF must also be its trustees. If a fund chooses to have a corporate trustee structure, each SMSF member must be a director of the company concerned. The company must be registered with the Australian Securities and Investments Commission (ASIC) and each director of that company must also be a member of its corresponding SMSF.
An SMSF can currently have up to four trustees/members, but that number will be increased to six from 1 July, 2019.
To be eligible to become a member (and therefore a trustee) of an SMSF, a person must consent to becoming a trustee and accept their responsibilities by signing a trustee declaration. SMSF members/trustees cannot:
- be a registered bankrupt.
- have previously been disqualified as an SMSF trustee by a court, the ATO or ASIC.
- have an employer/employee relationship with another fund member (unless they are a relative).
Minors (i.e. people under the age of 18) can become members of an SMSF provided they are represented by a trustee who agrees to act on their behalf (e.g. a parent or guardian).
How does an SMSF work?
Trustees manage SMSF funds by making investment decisions. It’s a legal requirement for SMSFs to have a documented investment strategy. This investment strategy should satisfy the sole purpose test and be used to guide trustee decision-making.
Important factors to consider when developing an SMSF investment strategy include:
- the individual characteristics of fund members (e.g. their age, current financial situation and risk profile).
- the benefits of diversifying the fund’s investments to reduce risk. The major investment options are fixed interest products, shares and real estate.
- how easily its assets can be converted to cash to pay future member benefits when required.
- the current insurance needs of members to ensure appropriate coverage is arranged.
What are some of the benefits of SMSFs?
Some of the main benefits of SMSFs include:
Greater flexibility with tax
Superannuation can be a tax-effective investment vehicle. SMSFs that comply with super legislation are generally entitled to have their member’s contributions and fund earnings taxed at the concessional superannuation rate of 15% in Australia (up to certain In addition, benefits received after the age of 60 are tax-free. Fund earnings when an SMSF is in pension mode are also tax-free. SMSFs can also potentially implement tax strategies around capital gains, taxable income or franking credits.
Greater control over investments
SMSF trustees have more control over how their funds are invested. They can invest in many of the products available to public funds, as well some products that aren’t. For example, SMSFs can invest directly in residential or commercial real estate, rather than being restricted to property trusts like public funds are.
SMSFs can also potentially purchase commercially property which can then be leased to a related party.
Potentially lower ongoing fees on very high super balances
Public super funds typically charge members a percentage fee based on the amount of funds being managed. SMSF fees typically aren’t charged on fund balances (i.e. they incur flat advice and service fees instead).
According to ASIC, in June 2017 the average ongoing annual fees for public superannuation funds were 0.8% of member fund balances. This means that a person with a balance of $1.5 million in a typical public super fund would be charged $12,000 in annual fees. A recent report produced by the Productivity Commission found that the average SMSF member paid $7,300 in annual ongoing fees in 2016.
SMSF funds can provide greater flexibility with member death benefits than public funds. For example, an SMSF member can arrange for:
- death benefits to be paid to a dependant as a pension rather than a lump sum, allowing the SMSF to continue operating.
- funds to be distributed to future generations tax-effectively.
- non-cash assets (such as property or shares) to be transferred directly to a beneficiary.
SMSFs provide an effective way of protecting their member’s assets against any future risk of bankruptcy or other claims by creditors. Superannuation funds are not considered to be ‘property’ in relation to the Bankruptcy Act.
Ultimately, whether an SMSF is a good option for you depends on circumstances such as:
- your current super balance.
- how much investment knowledge and spare time you have available to manage your SMSF.
- the type of assets you want to invest in.
What are some of the drawbacks of having an SMSF?
The major drawbacks of having an SMSF include:
The knowledge, time and cost required to administer the fund
Running an SMSF can be time-consuming and costly to ensure legal compliance. An SMSF requires annual financial statements, a tax return and an independent audit to be done. Although many of these tasks are outsourced, SMSF trustees generally have to spend plenty of time co-ordinating these activities.
In addition, a good knowledge of fundamental investment principles is usually required. If trustees don’t have this knowledge, it’s best to seek independent professional financial advice. This advice will also usually incur a cost.
Higher costs on lower super balances
The flat fees typically charged for SMSF services mean that members with low balances are typically changed more than they would if their funds were invested in public funds.
For example, using the average ongoing annual public super fund fees (0.8% of balances) that was reported by ASIC in June 2017, a person with a balance of $150,000 in a public fund would be charged $1,200 in annual fees. This is significantly cheaper than the $7,300 average annual SMSF member ongoing fees that was reported by the Productivity Commission in 2016.
Higher insurance costs
Public funds can usually provide lower cost insurance to their members than SMSFs can. This is because they have large memberships and can negotiate discounted bulk premiums with insurance providers.
How are SMSFs regulated?
SMSFs are regulated by the ATO (directly) and ASIC (indirectly).
The ATO ensures that SMSFs comply with their financial reporting and taxation obligations.
ASIC manages the registration process for independent SMSF auditors. SMSF auditors play a key role in ensuring overall regulatory compliance. They are required to report any breaches to both fund trustees and the ATO.
Heavy penalties can be imposed on SMSF trustees for non-compliance, including:
- their fund losing its concessional tax treatment.
- being disqualified from their roles (meaning they can no longer be members of the SMSF, nor can they start a new fund).
- fines or imprisonment, depending on the seriousness of the legislative breach.
What are the differences between an SMSF and other super funds?
The major differences between an SMSF and other super funds are that:
1. SMSF members are the trustees of their own fund
That means they manage the fund and are legally responsible for its compliance with superannuation and tax laws. Public super funds typically have professional, licensed trustees who take on the responsibility for legal compliance.
2. SMSFs can only have a limited number of members
SMSFs can currently only have up to four members. This maximum number is scheduled to increase to six from 1 July 2019.
There is usually no limit on the number of members that public super funds can have, (other than a small APRA fund which is explained later in this article).
3. SMSF trustees develop their fund’s investment strategy and make all investment decisions
Public super fund members generally can’t choose the specific assets that their funds are invested in, though they usually have some degree of control over the type and mix of their investments.
4. SMSFs are regulated by the ATO and ASIC
Public funds are regulated by the Australian Prudential Regulation Authority (APRA).
5. Public fund members have access to the Superannuation Complaints Tribunal to resolve disputes
Public fund members are also eligible for a government compensation scheme in the event of trustee misconduct or fraud. SMSF members on the other hand must resolve their own disputes, using legal avenues if necessary.
What is the difference between an SMSF and a super wrap?
A super wrap is an account that is a hybrid of some of the characteristics of a public super fund and an SMSF. Wrap accounts are the response of public funds to the growth of SMSFs.
Members own their underlying investments in a super wrap account, but don’t need to be a trustee. People with a super wrap account are therefore not responsible for its ongoing administration and legal compliance. Super wrap accounts are regulated by APRA rather than the ATO.
Super wrap account holders often have access to wholesale and institutional investment products that SMSFs don’t. Super wrap account investments tend to be primarily in shares, term deposits and cash. Account holders can choose from among these investments to bundle into their account.
However, SMSF members have access to a wider range of potential investment assets (such as investing directly in residential or commercial property, which people with super wrap accounts can’t).
What is the difference between an SMSF and a small APRA fund?
Small APRA funds are super funds regulated by APRA that have less than five members and a licensed trustee (unlike SMSFs where fund members are the trustees). Small APRA funds are usually offered by large financial organisations that also have an Australian financial services licence issued by ASIC.
A small APRA fund allows investors to have greater control of their super investments than they can get with a typical public fund, without needing to become a trustee. Small APRA funds also have access to the Superannuation Complaints Tribunal to resolve any member disputes, unlike SMSFs.
An SMSF is a private super fund that you manage yourself. SMSFs allow their members to have control over how their retirement savings are invested. However, setting up an SMSF is a big decision that comes with ongoing legal compliance responsibilities. These obligations can be costly and time-consuming. It’s best to seek independent professional advice to determine whether setting up an SMSF is appropriate for your circumstances. The information contained in this article is general in nature.