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DJFSUPER(Initiate)Initiate
1 Oct 2023

We have a 2 person SMSF with less than $2m assets I was born in financial year 1946-47 my wife 1947-48. Fund started 1981 currently 71% tax free. With NO dependence.

Would like clarification regarding Capital Gains & losses when shares sold.

a)      While in Pension (Tax free mode) if a capital gain is made currently NO tax payable but if we wind up the Fund or both pass away does all the shares that made a profit have to pay capital gains tax on the gross amount of Capital Gains less any Capital loses made?

b)     Or is it treated differently if we both pass away, or fund is wound up?

c)      Assuming tax is payable on Capital Gains a) what rate of tax b) is the tax % reduced by the tax-free component of the members.

d)     Or are there other ways the ATO determine if & what tax is payable.

e)     Would appreciate any advice that can be given.

658 views
5 replies
658 views
5 replies

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Most helpful reply

Deb_ATO(Community Support)Community Support
29 July 2024

Hi @DJFSUPER


You declare the dividend in the financial year that it's received or paid. So, if it's paid July/Aug/Sept 2024, it'll go in the 2025 income tax return.

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Bruce4Tax(Taxicorn)Taxicorn
1 Oct 2023

a. Not if fund is kept in pension mode e.g. pension is reversionary, or death benefit pension started immediately.

https://www.ato.gov.au/Super/Self-managed-super-funds/In-detail/SMSF-resources/SMSF-technical/Funds--starting-and-stopping-a-pension/


b. Pension ceases on death, unless reversionary - see (a)


c. Tax-free component of the members has no bearing on CGT within SMSF, if capital gains are realised after a pension ceases.


d. No


e. Best to get proper advice on this. e.g. how to ensure that the SMSF is wound up before the death of the last member.


DJFSUPER(Initiate)Initiate
1 Oct 2023

Hi Bruce, Thank for your advice. Still unclear to me. Am I right that if the SMSF wound up prior to the death of last member there is Zero Tax to pay? But if not then any Capital gains from previous years after any capital losses are taken away Tax is payable on those gains. Also, Tax payable on any Capital Gains made after any Capital Loses reduce the Capital Gains, when selling all remaining shares prior to distribution to Non dependant family.

DJFSUPER(Initiate)Initiate
24 July 2024

Hi, Bruce, New Question: When a company declares an EX-Dividend date in Juny 2024, but the dividend is paid in July/Aug/Sept 2024. Do I have to include the dividend in the 2023-24 Tax return, or it goes into the 2024 -25 Annual Tax return.

Most helpful reply

Deb_ATO(Community Support)Community Support
29 July 2024

Hi @DJFSUPER


You declare the dividend in the financial year that it's received or paid. So, if it's paid July/Aug/Sept 2024, it'll go in the 2025 income tax return.

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