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Corporate or Individual Trustee?

Which one is better..

Last Seminar for 2008 year

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Company Formation $455 - Instant Email

 

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November 2008
 Issue 28 of 2008 
 
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SMSF Strategies for 2009 : SEMINAR

Response to our last newsletter was overwhelming - we have requested more seats and have only 12 seats left - Do not miss to learn New SMSF Strategies..book now

18th November Tuesday 6 PM
Coronation Club,
86 Burwood Road, BURWOOD NSW
Cost $55    

Since the 9 May 2006 Federal budget, superannuation has become the most tax effective vehicle for wealth accumulation, asset protection & estate planning. Superannuation is becoming the first or second largest asset for most individuals.

This ATMA professional development group presents a great opportunity for advisors to learn how interesting strategies can be structured so that they can assist their clients to maximize their retirement benefits.


Advert: Company Formations $455 Instant Email


Strategies covered

  • How to get more money into super
  • Why paying off principal of your own home loan could be the worst decision you would ever make
  • How a 50 year old can pay only 4% interest on own home loan
  • Instalment warrants Vs joint venture Unit trust arrangement
  • Preservation and conditions of release requirements
  • Re-contribution strategies - are they still alive
  • Splitting super with spouse
  • Transition to retirement pensions
  • How 75 + year olds can contribute into super
  • Other interesting and complex strategies


speaker

Manoj Abichandani

SMSF Specialist Advisor
SMSF Specialist Advisor


Manoj has worked in the SMSF industry for
the past 19years and currently audits more than 250 funds. He develops SMSF strategies and advises accountants on complex SMSF matters.




Cost of seminar is $55 and for ATMA members $44, to book click here




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Corporate Trustee Vs Individual Trustee

 
Should you start a SMSF now?

It is frustrating to learn that you are paying 2% to 5% fees (for a $100k family super, means $2,000 to $5,000 per year) to top superannuation professionals / investment advisors / managers to loose 15% to 25% of your super money.

If you have decided to take matters in your own hands and manage your money yourself, it is likely that there is limited option in your super to protect it from recent down turn. You can choose a lower risk, "cash investment option", within your super fund.

Some commentators including minister of Superannuation Mr. Nick Sherry, has commented, that since superannuation is a long term investment, any change now may crystallize your loss. However, it can be daunting to see your super balance drop every week. The question on everyone's lips is; when is the meltdown going to hit bottom?

Due to various layers of fees, most cash portfolios offer 2 % - 3% less return than any bank fixed deposit rate. Once your family super is over $200,000, a self managed fund starts to look attractive and cheaper.

Setting up a SMSF is very easy, it takes only 20 minutes to create a trust deed, click here to learn more. First decision one has to make: Who will be the trustee of the SMSF? Options are "Trustee Company" or "Members" themselves.

 

Corporate Trustee Vs Individual Trustee

There are advantages of both Corporate Trustee and Individual Trustees, please read comments below and seek advice from your advisor.

A corporate Trustee from this website costs only $455 (Incl. GST), click here to read more and every year ASIC charges only $40 Annual Review fee as long as the corporate trustee's constitution restricts directors to do any business and the company acts only as Trustee of the Superannuation fund. In our opinion it is a small price to pay for a solid foundation.



Advantages of Corporate Trustee



Increased flexibility when a member
joins or leaves the fund


In case of individual trustees, all investments have to be in the name of all trustees "In Trust For" the superannuation Fund. When a member joins or leaves the fund - all ownership documents, including the title deed of each investment have to be amended. If the fund has many investments, this change of investment name can be a daunting task.

However in the case of a corporate trustee, the name of the corporation remains unchanged, the member simply has to become a director or resign from directorship on leaving the fund.
 

A corporation can have a single director

One individual cannot act as sole individual trustee of a SMSF. Hence, where there is only one member, a corporate trustee is the only solution.

 

Assets of SMSF are kept separate

Sometimes individuals can have several accounts and assets in joint names - like property, bank accounts., broker accounts etc, if there is a corporate trustee, then it is a bit easier to make sure that SMSF assets are kept separate from members own assets outside of the fund.

For example if Mum & Dad own several properties in their own name outside of Super, their SMSF can also own a property.

Since most land titles office's only records the name of the trustee as the owner of the property and does not recognize a trust - it can be confusing to note that the asset is actually held in trust - or the true owner is the SMSF and not the individual trustees in their own right

Some trust deeds also require having a separate "declaration of trust" document to be drawn up at the time of purchase of real property. This document will
be soon available from our website under "SMSF Tools".


In case of older members

Many SMSF are established when two members are of ages of 60+. Due to life expectancy issues, when one member dies, it can leave the fund a "single member fund". In this situation, a corporate trustee is inevitable, hence it could be argued to start the fund with a corporate trustee.
 


Advantages of individual trustees


No ASIC forms

With Individual Trustees, there is no need to complete ASIC forms at the time of adding or deleting a member or ASIC annual returns.

However, these tasks are not particularly onerous or time consuming. Very soon you will be able to purchase
these documents from our website under "SMSF Tools" Click here to read more.


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Two set of rules


The trust deed of a SMSF will determine procedures which must be followed for decision making for example, any notice periods for the calling of meetings, what constitutes a quorum, whether resolutions can be passed by circulation rather than attendance at a meeting etc.


A corporate entity will also specify these provisions and are outlined in its Constitution. If a SMSF has a corporate trustee, the trustees must ensure that it complies with both the Constitution of the company and the requirements of the trust deed.


A solution to this problem is to amend the constitution of the corporate trustee, so that it is S
ync with requirements of the Trust Deed. Our trust deed and constitution compliment each other.
 
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Establishment Cost


Unless you already have a company to act as corporate trustee, there is n
o need to establish a new one, even a trading company can also act as a corporate trustee as long as all directors are members of SMSF and all members of SMSF are directors of corporate trustee.

If you need to establish a new company, there could be additional cost to establish a company although not a big one as you can purchase a company form our site for only $455, click here to read more. The ongoing cost is not a significant amount, only $40!



Different penalty's for breach of legislation

Under Superannuation law , fines are imposed on trustees, advisors etc are defined in terms of "penalty units". Each penalty unit is currently worth $110 - ie, a fine of 100 penalty units equates to a fine of $11,000.
 
In the case of some breaches, Superannuation Law gives the courts the ability to levy a higher fine on companies than individuals (the company fine is five times the individual fine).

Since the corporate trustee will be a $2 shelf company, it is quite
unlikely that the regulator will be paid from Trustee Company.

However, in the event of a serious breach, it is possible in case of a trading company which acts as a trustee of a SMSF to be fined higher by the regulator.

 


Conclusion


Regardless of who is trustee, the responsibilities of those acting as trustees of a SMSF are not diminished where there is an individual or a company acting as trustee of the SMSF.

In all cases, you must follow advice from your legal advisor. Please note that setting up and operating a SMSF
is not easy, members have to follow strict SIS Act and Regulations.
 
 
 
    



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www.trustdeed.com.au provides online service for creating, storing & managing legal documents for Companies and Trust deeds for SMSF, Family, Unit & Hybrid Trusts, click here for more information.

New / Update SMSF Trust Deeds cost only $110 and can be created in 20 minutes, Trust Deeds are emailed instantly! 
 
 
 

FIRST TRUST DEED  FREE

if you are an advisor, financial planner, accountant or a solicitor, we can offer you to create one trust deed on our system for free. This offer is valid provided you purchase 10 or more new SMSF deeds or update 10 SMSF trust deeds for your clients. To claim your first free trust deed, first  register on our website www.trustdeed.com.au and phone our office on 02 9638 2807 for a promotional code.
 
If want to communicate with your clients, advising them the need & advantages to update their trust deed, click here to download a pro-forma letter to your clients.
 
Register Now                                                                        
 
remeber you can create a SMSF trust deed at any time 24 / 7
www.trustdeed.com.au
goes on live help
Live Help
 
 
 
 
 

If you are an advisor and use our website for your clients SMSF SMSF Specialist AdvisorTrust Deed. You now have access to SMSF Specialist Advisor who will answer all your technical questions online for you. Simply click the button above and start chat.

New or update your existing SMSF Trust Deed for $110 You can keep the trust deed up to date for the next five years for only $165.

Our SMSF trust deed has been prepared with input from accountants who have over two decades of experience in setting up structures for their clients and have combined knowledge of auditing and lodging tax returns for more then 2000 SMSF's, their practical experience is an invaluable contribution.

For further questions on our trust deed, ring 02 9684 4199 or email sales@trustdeed.com.au

Our Website has complete Document manager for all future downloads

We are the only online SMSF Trust Deed providers where you can purchase a Trust Deed 24/7 for $110

It takes only Less then 20 minutes to register and build a SMSF Deed.



Phone 02 9684 4199  or visit www.trustdeed.com.au
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www.trustdeed.com.au
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In This Issue
Seminar: SMSF Strategies for 2009
Corporate Trustee VS Individual Trustee
Live Online Help
How our Web Site works
Additions to our website


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Quick Links
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HOW IT WORKS

Additions to our Website

Our News
1st October 08 :

Launched Online Company Formation $455 Incl. ASIC Fees


5th June 08 :

Online Account Based Pension Documents 


April08
:
Launched Unit Trust Deed

25th April 08 :
Launched Stationery Shopping Cart


Future Plans



1st Decmber 08:
Development of SMSF Tools

- Change of Name
- Adding Member
- Deleting Member
- Audit Programme
- Loan Agreement
- Lease Agreement