No longer want to keep your SMSF? If so build this SMSF winding up kit. It allows you to legally end and wind up your Self-Managed Superannuation Fund.
Build this SMSF Vesting Deed. It formally wind-ups (vest) your Self-Managed Super Fund.
Our SMSF Vesting Kit allows you to move from your existing SMSF to a retail public offer fund.
SMSFs are a lot of fun. But they are a lot of work. Perhaps you feel that managing a superannuation fund is a strain on your time. Perhaps you are sick and tired of the frequent government changes.
Around 15,900 SMSFs are wound up each year.
There have been many changes over the past few years. You have to update your SMSF Deed on a regular basis:
1. Everything – Update Trustee, Upgrade Deed, Binding Nomination and PDS (Recommended) | |
2. Trustee only | |
3. Upgrade Deed only | |
4. Binding Nomination only – updates SMSF Deed as well | |
5. Product Disclosure Statement only – fully compliant with budget |
1. You payout or roll over the balance of the members’ super to another fund. This may involve selling SMSF assets.
2. A final audit is completed before you lodge the last SMSF annual return. Remember to indicate the SMSF is now wound up.
3. You pay outstanding taxes and other debts. This is before you close your SMSF’s bank account.
4. A resolution is passed by all the members. We provide this as part of the SMSF vesting kit. It states that the SMSF is to be vested (terminated).
5. The final accounts of the SMSF are prepared.
6. Build our Deed of SMSF Vesting. This vests and closes the Self Managed Super Fund.
7. Notify the ATO within 28 days stating: SMSF Name, ABN, contact person, date wound up. Send this information to: ATO, Post Office Box 3578, ALBURY NSW 2640. (The ATO cancels your ABN for you.)
Different rules apply to public offer super funds compared with the more private SMSF. Only up to 6 people can be in an SMSF. In contrast, a public offer fund can have 1,000s of members.
The 4 differences between an SMSF and a Public Offer fund:
Public offer funds take care of all your tax returns, audits, ATO audits and investment valuations. Forget about staying up to date with complex superannuation laws and legislation.
You escape the paperwork.
In a public offer fund, you have greater protection when something goes wrong. Since SMSF are responsible for their mistakes they do not get this protection.
SMSFs get no compensation if an SMSF member suffers losses. This is for fraud or theft.
What about complaints and disputes? SMSF members resolve their own issues. This is expensive. There is no access to the Australian Financial Complaints Authority.
In an SMSF you can invest in Bitcoin, racing cars, artworks and homes that you will move into when you retire. Sure.
Public Offer funds do not have that choice. But few SMSFs invest in such exotics.
There are many Public Offer funds in Australia. They all provide a range of different services and opportunities for your super. That is a lot of choice in itself.
Many public offer funds provide a menu of investment options. You choose the asset class and the percentage of your super you wish to invest in. And the Public Offer funds often set out the risk-return profiles for each asset class.
You get many choices. These may include direct Australian Securities Exchange-listed shares, overseas shares, term deposits, exchange-traded funds, stocks and managed funds.
Even though your SMSF is wound up, you still retain these records for a minimum of 10 years:
And also keep your financial statements for 5 years.
The SMSF vesting kit amends your SMSF Deed. This is so you can complete and finish your SMSF in compliance with ATO and ASIC compliance. The kit sets out the procedure. Just press “Start Building” to start building the kit.
All trustees or directors agree about the windup. The Minutes provided are signed by all the members and the Trustee.
You pay out or roll over the balance of members’ SMSF superannuation to the Public Offer fund. Talk with our accountant and financial planner about selling assets and transferring SMSF assets. Consider selling the SMSF assets to a member. This is an in-specie transfer. Such sales of SMSF assets must be done at a full and fair price.
Your accountant prepares the final financial statements. They determine the value of each member’s benefits.
You transfer out the assets. Public Offer funds may be reluctant to take over your shares. They may wish you to convert the shares to cash. And only transfer (rollover) the cash to the Public Offer fund.
Pay all expenses.
Any minor amounts of money left over can be transferred to the Public Officer fund.
Your accountant prepares a final set of accounts. The audit is completed. Your accountant then lodges the final SMSF annual return. Our SMSF Vesting Kit gives your accountant further advice and support for this.
Pay outstanding taxes and other debts. And close the SMSF bank account.
Notify the ATO in writing. This is within 28 days of the SMSF being wound
up. You provide to the ATO:
Your SMSF either has all members as the trustees of the SMSF. Or they have a company as trustee of the SMSF. This is called a “corporate trustee”. It is generally a “Special Purpose Company”. Most SMSFs have a company as trustee of their SMSF.
Either:
Speak to your accountant when winding up an SMSF. There may be GST, CGT, transfer (stamp) duty and other tax liabilities. Your accountant may be able to reduce such taxes and imposts.
To wind up your SMSF, the SMSF assets are sold. Or at least they are ‘disposed’ of for CGT purposes. This is achieved in 3 ways:
Irrespective of how your SMSF disposes of it assets the SMSF has to pay CGT on the increased value of the asset. The tax impact of this CGT event depends on whether or not the SMSF is paying retirement phase pensions and whether there are any carried-forward capital losses.
Provided it is in the SMSF’s best interest to do so, and the sale (or transfer if in pension phase) is at fair market value then the SMSF can sell (or transfer) the SMSF assets to the members. Your accountant arranges the valuation BEFORE the sale (transfer) takes place. The SMSF auditor examines that valuation.
This is a CGT event. There may also by transfer (stamp) duty in the relevant Australian State or Territory.
Sorry, no. Try and use both revenue and capital losses in the SMSF winding-up process. They are lost when the SMSF is wound up.
Q: Can an SMSF be reactivated?
A: No. Once an SMSF is wound up, it cannot be reactivated.
Once an SMSF is established (has assets) and then wound up, it cannot be reactivated. If the former members wish to once again have an SMSF, a new fund is set up.
Try and close your SMSF well before the end of the financial year.
This is because if your closing process crosses over into a new financial year, you need another SMSF tax return and audit.
Q: My question is how can I go about closing down my SMSF and can you help with that?
I try reaching out to the people that convinced me to open it up but I feel they are not interested in helping me.
A: Self-Managed Superannuation Funds are like one-day-old babies. They need a lot of love and attention. They are time-consuming and expensive.
It seems that you may not have done sufficient homework before you started your SMSF. Here is a free training course on setting up an SMSF.
There are strict rules to winding up a Self-Managed Superannuation Fund. And then rolling over the superannuation to another fund.
This SMSF vesting kit takes you through the process.
Your accountant needs to prepare a balance sheet to show that the SMSF has no funds left in it. And you need an auditor to do the last audit of the SMSF. You have a journey ahead of you.
For more legal advice telephone us. We are a law firm. We can help you answer the questions to build the SMSF Vesting Deed.
– The Trust has achieved its original purpose
– It has no assets
– The trust has reached its vesting date
1. The capital of the trust must be distributed in accordance with the trust deed.
2. The Trustee satisfies any existing liabilities of the trust. This includes any existing or future
tax liabilities that arise as a result of the termination of the SMSF.
3. The Trustee passes a resolution determining that the trust is to be vested (terminated).
4. The final accounts of the trust, including a final tax return, are prepared.
Once this is done, you build our Deed of Vesting of an SMSF. You gt a set of documents that allows you to vest and close the SMSF.
After building this document on our website you are emailed:
1. SMSF Deed of Variation of Vesting
2. Minutes
3. Letter of advice
– The Trust has achieved its original purpose
– It has no assets
– The controllers of the trust do not want to continue
– The trust has reached its vesting date
1. The capital of the trust must be distributed in accordance with the trust deed.
2. The Trustee must satisfy any existing liabilities of the trust. This includes any existing or future
tax liabilities that arise as a result of the termination of the trust.
3. The Trustee must pass a resolution determining that the trust is to be vested (terminated).
4. The final accounts of the trust, including a final tax return, must be prepared.
5. Build this document
the SMSF Trust name (e.g. Jones SMSF)
date the SMSF Deed, that established the Self-Managed Superannuation Fund, was signed
Every trust has a name. Sadly, they are generally quite boring. E.g. Smith SMSF, named after Mr Smith.
The SMSF name is a ‘nickname’. It is not registered anywhere. It just helps you and your accountant identify your SMSF.
Take out your Deed of Trust that first started your SMSF. Have a look at the front cover, it will normally have the name of your SMSF. It is repeated in the body of the Deed as well. Check any subsequent Deeds of Variation, to make sure that your SMSF didn’t change its name.
Because you are building your Deed of Variation at our law firm’s website you:
1. we are responsible for the SMSF Vesting kit
2. receive legal advice
3. by law have us act in your best interests, over our own
Only a law firm provides the above.