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_RBurden(Newbie)Newbie
4 Feb 2021

I am the sole member of a SMSF reaching the preservation age in April 2021. On reaching the preservation age I intend to retire.

The Fund holds a substantial sum of cash on hand earning very little return which exists to both:

  • fund retirement income payments in the near term, and
  • invest in suitable assets as the opportunity presents itself.

These funds are on deposit at the same bank I have a housing mortgage with. The total cash on deposit is held in two accounts and presently exceeds the mortgage.

I don't want to withdraw a lump sum to discharge the mortgage because at some point in the future my wife and I will downsize. At that point the mortgage will be discharged.

From the Retirement Date I will be withdrawing a pension stream from the SMSF to meet living expenses. A significant portion of living expenses is the interest component of the monthly mortgage repayment of about $1350.

I can reduce the monthly pension drawn from the Fund by about $1350 by forgoing the monthly interest earned on the cash ($9/month) through use of a mortgage offset facility.

To the extent the Fund does hold cash, it is clearly beneficial to my ongoing retirement benefits to reduce the pension withdrawals from the Fund leaving a greater balance available for future retirement benefits.

I have concluded that a mortgage offset arrangement does meet the 'sole purpose test' of solely providing retirement benefits to fund members.

However, after a day of searching, I could find nothing that supports or erodes that conclusion. Have I missed something?

Kind regards

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2,035 views
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Bruce4Tax(Taxicorn)Taxicorn
4 Feb 2021

I have concluded that a mortgage offset arrangement does meet the 'sole purpose test' of solely providing retirement benefits to fund members. However, after a day of searching, I could find nothing that supports or erodes that conclusion. Have I missed something?

You may not find a specific reference banning this arrangement because it would be impossible to list every possible way the investment rules and sole purpose test could be breached.

It is likely that a mortgage offset would breach SISA/SISR:

R4.09A Separation of assets

S62 Sole purpose test

S65 Financial assistance to member

S109 Investments on arm's length basis

R13.14 Charges over fund assets (?)

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Most helpful reply

Bruce4Tax(Taxicorn)Taxicorn
4 Feb 2021

I have concluded that a mortgage offset arrangement does meet the 'sole purpose test' of solely providing retirement benefits to fund members. However, after a day of searching, I could find nothing that supports or erodes that conclusion. Have I missed something?

You may not find a specific reference banning this arrangement because it would be impossible to list every possible way the investment rules and sole purpose test could be breached.

It is likely that a mortgage offset would breach SISA/SISR:

R4.09A Separation of assets

S62 Sole purpose test

S65 Financial assistance to member

S109 Investments on arm's length basis

R13.14 Charges over fund assets (?)

_RBurden(Newbie)Newbie
5 Feb 2021

Perhaps I did not clearly explain the situation which is after reaching the preservation age and retiring from the workforce.

You kindly list a number of potential breaches but I don't think you gave the question due consideration.

S62 If I am retired I don't see how the sole purpose test could be breached. The wording of S62 appears clear that the purpose is to provide benefits on or after retirement, reaching the preservation age or death. In retirement the use of a mortgage offset allows a member to improve the beneifts the fund provides, both now and in the future.

S65 I don't believe S65 applies in the circumstances. "Financial Assistance" is not defined in the Act. In retirement the use of a mortgage offset is not financial assitance but financial engineering to improve the beneifts the fund provides.

S109 the Trustee and the other party (the bank ) to the relevant transaction are dealing with each other at arm's length. Both the Trustes and the Bank are dealing with each other at arms length and no financial advantage is being conferred on any other party than the member.

R13.14 The Bank holds no charge over the liquid funds. I am not aware of any mortgage offset account where a Bank does hold a charge over the funds on deposit used to offset the loan interest expense.

R4.09A Separation of Assets There is no suggestion the assets, being on deposit in hte name Superfund, have somehow lost their identiy in hte banking system. Ownership and amount are unchanged.

Bruce, if anything I owe you thanks for allowing me to set out my reasoning. It appears to me I have a reasonable case as to why the Sole Purpose test is satisfied. Writing up a Trustee Resolution will be much easier now.

Kind regards

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