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If you contribute more to your superannuation than a predetermined amount, tax law imposes penalty taxes. And if you make a Downsizer Super Contribution, that is one of the exclusions to the excess non-concessional contributions tax triggering.
Someone can improve their SMSF balance by carefully and successfully utilizing the Downsizer Super Contribution tax exemption. The ultimate goal is to increase the family’s ability to generate revenue that isn’t subject to taxes. To move in the right direction, one has to take guidance from the taxation consulting professionals licensed in Hobart.
The Downsizer Super Contribution is a legal provision found in Section 292-102 of the 1997 Tax Act. The 1997 Tax Act only contains one section, however, it contains more than 1200 words. Planning your family and succession accordingly requires a thorough understanding of tax law and how the Tax Act handles the Downsizer Super Contribution.
As explained by the taxation consulting specialists to the citizens of Hobart, the Small Business CGT Concessions, which are a part of the tax code as well, are another simple approach to growing your SMSF. Of course, SMSFs have advantages and disadvantages of their own. The Downsizer Super Contribution applies to both SMSFs and regular superannuation funds.
For Whom Is The Downsizer Super Contribution Available?
You must have sold a property, taken advantage of the tax-free sale of the home under Subdivision 118 of the 1997 Act, and owned the home for 10 years to qualify for the Downsizer Super Contribution.
You also qualify if you owned the property before the implementation of capital gains tax and the sole reason it is not exempt from taxation under Subdivision 118 is because capital gains tax does not apply.
And if Subdivision 118 only partially exempts the home, you can still be eligible for the Downsizer payment to the extent of that partial exemption.
Taxation consulting professionals are of the view you should always have clear tax guidance (or legal advice), outlining your entrance path into the Downsizer Super Contribution, to properly comprehend and handle the Downsizer Super Contributions.
Additionally, to contribute, you must be older than 60. Additionally, the age will be lowered to 55 as of July 1, 2023.
Your Total Superannuation Balance Is Not Affected By The Contributions.
You are prohibited from making additional contributions to your fund if your total superannuation balance reaches $1.7 million. The ATO will permit you to withdraw the amount over the threshold if you go over it, or you can pay the excess non-concessional contributions tax (which is very hefty) in the fund instead.
However, you can donate that much without being charged the excess non-concessional contributions tax if you make a Downsizer Super Contribution. Your transfer balance cap will not be raised by the Downsizer Super Contribution, though.
No Need To Purchase A New House
Nothing in the tax code mandates that you have to buy a brand-new house to qualify for the benefits. Therefore, even while the exemption is known as a “Downsizer” in tax law, it might alternatively be called a “Homeless” exemption.
To qualify for the principal residence exemption, you simply need to have owned the property for ten years.
This creates possibilities for tax structuring. To maximise income taxation, the selling proceeds of the family property could be transferred to the SMSF (or super fund). And if a new family home is being purchased, the investment assets outside of the SMSF, which are subject to higher taxes, could be used to pay for it.
There Is No Restriction On Age Or Requirement For Employment
You are not subject to an age requirement or a work test, unlike in other areas of tax law, to benefit from the tax break. In the words of taxation consulting experts, the superannuation laws typically make it difficult for those over 75 to make contributions to their superannuation. And one method that those over 75 can continue to make contributions to their SMSF is under the Downsizer regulations. This may be useful, for instance, if a family enters an assisted living facility.
It Only Occurs Once
According to the taxation consulting advisors, you can take advantage of the Downsizer super donation only once.
Related Party Transfers Are Unsuccessful
Tax laws may be applicable if you sell a house for nothing to a connected person to alter the sale proceeds to their market value. These market value substitution criteria, however, will not apply to the Downsizer Super Contribution requirements. Therefore, it won’t be a wise tax move to give the family home to a child for free and then try to grow your SMSF balance.
The Gift Is Useful For Estate Planning
Tax advisors frequently provide taxation consulting advice on the hidden death benefits tax in superannuation funds. Nevertheless, a Downsizer Super Contribution is not subjecting the estate or the superannuation beneficiaries to taxing upon death.
There Are Definite Deadlines
Your Super Contribution (up to $300,000) must be made within 90 days of receiving the sale’s cash proceeds. You must also submit the appropriate form to the ATO to notify them of the contribution.
You Don’t Have To Be The Homeowner
You may donate from the capital gain if your spouse was the owner of the family home. A family can only have one main residence exempt from taxes, so choosing to put the family home in your spouse’s name (for example, for asset protection purposes) won’t prevent you from using the tax break from the Downsizer Super Contribution.
Remember The Age Pension
Keep in mind that while determining your eligibility for the age pension, Age Pension Services Australia (Centrelink) currently excludes the family residence from the assets test. Additionally, your assets subject to age pension testing will now increase if you sell the family home and make financial contributions to your super fund. As a result, your age pension may be reduced. So it becomes sense to get sound counsel regarding the plan.
Investment Guidance Is Necessary
Getting investing advice is a good idea even if the Downsizer Super Contribution is administered by the ATO and is governed by tax law. It serves no purpose to receive excellent tax advice from your tax advisor, structure your family’s affairs tax efficiently, and then lose your investment money due to bad (or no) investment advice. Therefore, discussing an investing strategy with a personal financial product advisor is always a good idea.
ATO might have allowed the citizens to utilize certain lawful schemes to streamline tax payments. But, the strict line of action is ATO can issue a legal notice if the schemes are not followed lawfully. So, to make proper use of Downsizer Super Contribution best is to turn up to taxation consulting professionals.