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suz2(Champion)Champion
2 May 2021

How is an SMSF in pension mode, taxed on the sole members death?

The Smsf has a large number of Australian listed shares and a few bank accounts.

1,429 views
10 replies
1,429 views
10 replies

Most helpful response

Most helpful reply

Bruce4Tax(Taxicorn)Taxicorn
3 May 2021

First there will be no trustee at my death.

There will need to be someone to act as trustee.

If you have a company as trustee now, then that compny will still be trustee, but your executor can be appointed director.

If you do not have a company as trustee now, then would need to be another individual as trustee now.

This all means that you need to have a will.

the beneficiaries are listed in non lapsing binding nomination form . they are not dependants

Beneficiaries need to be in the class of eligible dependents - perhaps you mean that they are not "tax dependents"

Beneficiaries who are not tax dependents will be taxed on the taxed element of their death benefit - even though the fund benefits are tax free to you now. Tax beneficiaries can receive death benefits tax free.

https://www.ato.gov.au/super/self-managed-super-funds/paying-benefits/death-of-a-member/

Many SMSF members without tax dependents have plans to close down the fund while they are still alive - so that their money can then be distributed tax free via their will.

You need expert advice on all this.

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