Is an SMSF Right for You? What You Need To Know About Control And Responsibility
SMSF Administration

Is an SMSF Right for You? What You Need To Know About Control And Responsibility

Maximize AccountantsSMSF Administration

So many Australians fantasise about taking control of their money. They glance at their superannuation and wonder if they could do better. They think a Self-Managed Super Fund (SMSF) is the solution. There's a lot of flexibility with an SMSF. It gives you control. But it's more than a bank account. It is a major responsibility. It transforms your function from a member to trustee. This article breaks down whether the route is right for you.

The Dream of Control

The number one reason people establish an SMSF is control. In a typical super fund, someone else will decide how to invest your money. You could select "balanced" or "growth." But you aren't selecting the individual shares or properties. An SMSF changes that.

In an SMSF, you are the boss. You have full control over where your money is going. For instance, you can purchase an individual rental property. You can invest in the companies you already like. If you're concerned about the market, you can go to cash. You can invest in things that ordinary funds may not permit. This freedom is very attractive. It feels nice to be the one with the wheel in your hands. You have a sense that you yourself own your future.

The Reality of Responsibility

Control is just one part of the equation. The other side is responsibility. In a regular fund, that is the job of fund managers. Let them make mistakes and let them be responsible. With an SMSF, you are the trustee. You are the manager. You are responsible.

Even if you hire help. You might hire an accountant. You could retain a financial adviser. You could hire a fund administrator. They can do the paperwork. They can give you advice. But they don't take the fall. And if the law is broken, it's your fault. You have only yourself to blame if you lose money on a bad call. You can hardly blame the professionals you have engaged. The law says the buck stops with you. You must check their work. You've got to know what they do. You are legally responsible for the fund's actions.

The Sole Purpose Test

If there is one SMSF golden rule however. It is the "Sole Purpose Test". You will want to know this rule before you even begin. It's what every decision you make should be based upon.

It's easy to say the Sole Purpose Test. Your fund has one and only one purpose. The reason for that is to fund the members' retirement benefits. There are also benefits for dependants if a member were to die. That is it. There is no other purpose.

Each and every decision has to clear this bar. You have to question yourself before you spend the first dollar. "Do our retirement savings gain from this?" If the answer is "no," you can't do it. If the response is "maturing helps, but it also helps me today," then you likely can't do this.

The funds in your SMSF are the money of your future self. It is not your current self's property. You can't apply it to your life right now. This separation is strict. It is where people often land in trouble.

Examples of Breaking the Rule

This is how the test operates in practice. Think about your SMSF purchasing a holiday home. You believe it's a really good investment. It's only going to go up. And then you decide to spend a weekend there. You fail the Sole Purpose Test. You gained a benefit today. That is illegal.

Let's say your SMSF purchases a beautiful painting. It is an investment. Art goes up in value. You choose to put it on a wall in your living room. You want to have fun with it as it appreciates. You fail the Sole Purpose Test. You are benefiting now. It is necessary the painting should be put by. It must be insured. You cannot, by any stretch of imagination, have a good time in your home.

Imagine you have a business. Your business needs cash. You borrow money from your SMSF to invest into your business. It's typically a violation of the rules. You're raiding retirement funds to prop up your current business.

These rules are strict. The Australian Taxation Office (ATO) keeps a close eye on this. They also don't want super's generous tax breaks to be used for anything other than retirement.

What You Should Do When You Break the Rules

Breaking the rules is serious. Here is not just a slap on the wrist. The implications can trash your financial future.

First, there are penalties. The ATO can fine you. These can run into the thousands of dollars. These fines are non-transferrable and cannot be paid on your behalf. You wouldn't be able to use the fund's money to pay the fines. That would be another breach.

Second, there are tax problems. An SMSF receives concessional tax treatment. It usually pays only 15% tax. The fund can be made non-complying if you break the rules. This is a disaster. A non‐complying fund loses its tax concessions. The income generated from the fund's assets can be taxed at the top marginal rate. This is currently 47%. Less than half of your retirement savings gone in taxes?

Third, the possibility of being disqualified. The ATO can disqualify you. That is, you can no longer be a trustee. You will need to shut down your fund. You may never be able to manage your super again.

Finally, there is stress. Dealing with audits is stressful. Legal breaches are scary AF. It's hard on your head. It is a source of fights between trustees. Often, trustees are family members. Money problems can ruin relationships.

The Hidden Workload

As everyone wants the control, nobody sees the work. Running an SMSF takes time. It is not a "set and forget" investment.

You now need an investment plan. This is a formal document. It sets out your goals. It enumerates the kinds of risks you take on. You need to periodically review this strategy. You need to make sure your investments are in line with the strategy.

You must keep records. You must take minutes of meetings. You must document every decision. You will need to keep track of every sale and purchase you make. You must protect bank statements. These records should be kept for 10 years.

You must value your assets. You need to know every year what your assets are worth. This creates market valuations. This is easy for shares. For property, or for collectibles, it is more difficult.

You must arrange an audit. An independent auditor has to audit your fund each year. They check your numbers. They also make sure you followed the rules. You must pay for this audit.

You must lodge a tax return. The SMSF Annual Return is always a nightmare. It reports your income. It reports your contributions. It reports your compliance status.

This work takes hours. Trustees spend hours and hours a month on their fund, on average. Some months are busier than others, after all. Do you have this spare time? Do you want to lose your weekends preparing paperwork?

The Skills You Need

You don't have to be a genius to manage an SMSF. However, you need certain skills. If you don't have that ability, you're in danger.

You need financial literacy. You need to have a grasp of how investment operates. You have to distinguish income from capital growth. You need to understand risk. You need to understand diversification. If you bet everything on one asset, you could lose it all.

You need legal understanding. The laws change often. Superannuation rules are complex. You should be able to read and comprehend legal documents. You should know: Trust Deed. You must know what your trustee duties are.

You need organizational skills. There will be tons of paper. You must be tidy. You must be prompt. Missing deadlines leads to fines.

The Cost of Mistakes

SMSF errors can be very expensive. There are direct costs. Those are the fines we were talking about previously. There are also indirect costs.

The bad investment choices are a cost. Mismanage the fund and your balance will fall. Professional fund has team of experts. They research markets all day. Can you beat them? If you underperform a regular fund, you leave the business with less money in your pocket.

The price of operating the fund is another. You have to pay fees. You pay ATO levies. You pay auditors. You pay valuers. You might pay accountants. Your profits get eaten by these fees if your fund balance is low. In general, you need a big balance before an SMSF is cost effective. If you have a relatively small balance, those fees might be more than what your account is earning.

How to Judge if SMSF Suits You

How do you decide? Do not rush. Take your time. Use these straightforward steps to determine if this path is the right one for you.

Step 1: Check Your Balance Find out where your super stands now. Is it enough? A lot of experts will say you need a lot to begin with. The setup costs are simply too steep if your balance is low. You will struggle with the relative asset size obviously, the ongoing fees will squeeze out your meager savings.

Step 2: Assess Your Time Open your calendar. Do you have free time? Are you busy with work? Do you have young children? If you are already time-poor then an SMSF is not a good idea. It requires regular attention.

Step 3: Ask Yourself If You Care Be honest with yourself. Do you like finance? Do you like reading other people's tax code? Are you a fan of moving markets? If boring old finance isn't interesting to you, you will absolutely loathe running an SMSF. You will neglect it. Neglect leads to breaches.

Step 4: Consider the Skills Assess Your Understanding Take a look at your knowledge. Do you know what a trustee's role is? Have you heard of the Sole Purpose Test? The question is are you comfortable with the choice to invest in. If you're lost, you may need more education before that.

Step 5: Check Your Motivation Why do you desire this? Is it strictly for retirement? Or do you need the money now? If you're considering buying a vacation home to use, don't. An SMSF is not for you. If you're thinking of lending your business money, stop. An SMSF is not for you.

Step 6: Speak to the Other Members Most SMSFs can have up to six members. It is typically a husband and wife. Or it is a family. Everyone must agree. All trustees are responsible. It will make people unhappy in a way if your partner doesn't want the stress level. You are both responsible for errors.

Step 7: Compare the Costs See what you are now paying in your existing fund. Look at the costs of an SMSF. Include the audit fee. Include the levy. Include the software costs. Will the SMSF be cheaper? Is the increased cost worth the increased returns?

Conclusion

An SMSF is a powerful tool. It can build great wealth. It provides you the keys to your financial future. But it is not a free ride. It comes with heavy baggage.

It requires work. It calls for strict obedience to the rules as they are played by everybody every day. It requires a lot of time. The strict sentry is the Sole Purpose Test. You can't get your greasy little hands on the money for your own use.

The consequences of failure are dire. You can lose money. You can lose sleep. You can forfeit your tax advantages.

Think twice before you sign the papers. Many people want the control. There are fewer people willing to assume the responsibility. Be one of the few who are actually prepared. Your retirement depends on it.

Need help with your SMSF? Contact Maximize Accountants today.

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Is an SMSF Right for You? What You Need To Know About Control And Responsibility | Maximize Accountants