Taxation

Limited opportunity to avoid 'transfer balance cap' problems

Limited opportunity to avoid ‘transfer balance cap’ problems

As you know, the superannuation reform announced in the 2016 Federal Budget has been largely implemented. We have busy working with our clients to address all their concerns and working with them to ensure that no rock is left unturned when it comes to their personal circumstance. In regards to the $1.6 million transfer balance cap, there has been an update that we would like to share with you. There are some adverse tax consequences that need to be avoided.

 

The update on transfer balance cap

If the total value of a superannuation fund member’s pensions exceeded $1.6 million on 1 July 2017, they may face adverse tax consequences. However, there is a transitional provision that permits a minor excess over $1.6 million to be ignored, subject to certain conditions being met.

 

Basically, this will be satisfied if the value of their pension interests on 1 July 2017 exceeded $1.6 million by no more than $100,000 (i.e.,

New threshold for capital gains withholding (1)

Capital gains withholding, a new threshold – What you need to know

Capital gains withholding, a new threshold

From 1 July 2017, where a foreign resident disposes of Australian real property with a market value of $750,000 or above, the purchaser will be required to withhold 12.5% of the purchase price and pay it to the ATO unless the seller provides a variation (this is referred to as ‘foreign resident capital gains withholding’).

However, Australian resident vendors who dispose of Australian real property with a market value of $750,000 or above will need to apply for a clearance certificate from the ATO to ensure amounts are not withheld from their sale proceeds.

Therefore, all transactions involving real property with a market value of $750,000 or above will need the vendor and purchaser to consider if a clearance certificate is required.

The following is from the ATO’s website:

  • Australian resident vendors can avoid the 12.5%  withholding by providing one of the following to the purchaser prior to settlement:
    • for Australian real property,