Before you can register an SMSF with the ATO, you need to establish a trust. A trust is required to have the following:
The trust deed sets out the rules and conditions under which the SMSF will operate, so it is vital to start with a well-drafted trust deed. It should be prepared by a qualified legal practitioner who understands superannuation law (and SMSFs in particular) and designed to give the trustees maximum control and flexibility. When the trust deed is found to be satisfactory, it should be executed by the trustee(s) according to the rules applying in their State.
The trust deed:
Provisions that could be contained within a trust deed
A trust deed for an SMSF could contain provisions that deal with the following:
Upon becoming a trustee or director of the corporate trustee of an SMSF, you are required to sign a declaration form stating that you understand your obligations, duties and responsibilities as a trustee or director of the corporate trustee of an SMSF. The declaration must be in the approved form (available from the ATO) and completed within 21 days of you becoming a trustee.
Your obligations and responsibilities as a trustee of an SMSF include:
You must keep your completed declaration for at least 10 years and make it available to the ATO if requested.
Within 60 days of the establishment of an SMSF, the trustees must lodge an election to be regulated with the ATO. This election is irrevocable and advises the ATO that the SMSF will be subject to the requirements of the relevant superannuation legislation and therefore will be entitled to concessional taxation treatment at the rate of 15% as a complying fund.
If an election notice is not lodged, the SMSF will not be treated as a complying fund for taxation purposes and the SMSF will be taxed at the highest marginal tax rate.
The trustee of an SMSF will generally need to set up a cash account so the Fund can accept contributions, rollovers and earnings from investments. This account will also be required to pay expenses such as annual supervisory levy, accounting fees, taxation liabilities and importantly, member benefits.
The information in this document has been prepared by Westpac Banking Corporation ABN 33 007 457 141 AFSL and Australian credit licence 233714. The information is general in nature and does not take into account your personal needs, objectives or circumstances and therefore, before acting on this information, you should consider whether it is appropriate for you.
BT Portfolio Services Ltd ABN 73 095 055 208 AFSL 233715 (BTPS) operates BT Panorama Investments (the investor directed portfolio service operated by BTPS). BT Funds Management Limited ABN 63 002 916 458 AFSL 233724 (BTFM) is the responsible entity and issuer of interests in BT Cash and Westpac Financial Services Ltd ABN 20 000 241 127 AFSL 233716 is the responsible entity and issuer of interests in BT Managed Portfolios. An Investor Guide is available for BT Panorama Investments and a PDS is available for BT Cash and BT Managed Portfolios (the Panorama products). These disclosure documents can be obtained from BTPS by visiting www.bt.com.au/smsf or calling 1300 881 716. A person should obtain and consider the disclosure documents before deciding whether to acquire, continue to hold or dispose of interests in the Panorama products.
In addition, BTPS is the provider of the Panorama SMSF Establishment Service and the Panorama SMSF Administration Service. The Guide and Terms and Conditions for these services are available by visiting www.bt.com.au/smsf or calling 1300 881 716
BTPS, BTFM and WFSL are subsidiaries of Westpac Banking Corporation ABN 33 007 457 141 (Westpac). Apart from any interest investors may have in Westpac term deposits or securities acquired through Panorama, an investment in or acquired through Panorama is not an investment in a bank or a bank deposit. Westpac and its related entities do not guarantee an investment in or acquired through Panorama Investments.
© Westpac Banking Corporation 2016