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Archives for September 2024

Estate and Succession Plan

Establishing a legacy – estate and succession planning

Navigating complex family relationships and blended families can be challenging at times and particularly when a family member passes away.

A good estate plan can help to make sure your wishes are carried out. An estate plan, of which a will is the first and most important part, can ensure your estate is distributed in the way you want. It can also help if you become incapacitated, particularly when it includes an enduring power of attorney and a medical power of attorney that indicate who should oversee your affairs and any relevant instructions.

Professional advice is vital in estate planning to make sure that you have considered all the issues, including tax matters, and that your loved ones are protected. It is also important to clearly communicate your wishes, particularly when there are complex family dynamics involved, so that your wishes are clearly understood.

Your adviser would discuss any relevant matters with you. Here is a reminder of some of the issues to consider.

Superannuation

Deciding who gets your super when you pass away is more complicated than deciding what happens to your personal assets like property through a will. This is because superannuation is held in a trust by the super fund’s trustee, not in your name directly.

A binding death benefit nomination should be at the top of your list when you are considering the distribution of your superannuation funds.

This makes certain that your super death benefit is paid to those you choose because without one, the trustee of your super fund will make their own decision.

The nomination is usually valid for three years before it lapses and must be renewed. It’s a good time to review your nomination if your family dynamics change.

Blended families

If you have been married more than once and/or have children with more than one partner, your will helps to effectively provide for those you choose.

You may wish, for example, to ensure that your children receive the proceeds of your estate rather than your spouse or ex-spouse. Alternatively, you may need to ensure your will protects your current spouse from the claims of previous spouses.

When it comes to the family home, the type of home ownership is important. If you have purchased as ‘joint tenants’, the entire asset will pass to the surviving spouse. On the other hand, if you have purchased as ‘tenants in common’, each spouse can distribute their share of the house to others.

You may also wish to include a ‘life interest’ in the home so that your current spouse can continue to live in the home until their death before it ultimately passes to your other beneficiaries.

Trusts

Any existing family trusts should be reviewed with a blended family in mind. Check that the trust deed provides clear instructions for succession, if you want to ensure your children from past relationships are catered for.

Your will can also establish new trusts, known as testamentary trusts, to provide for any dependents with disability, if you are worried that a child may misuse your assets, or to allow for young children.

A testamentary trust can also help to protect your adult child’s interests if they were to divorce a partner or are facing bankruptcy. Any inheritance they receive from you would become part of their property and can be considered in a divorce settlement or called on by creditors.

Handing on a business

If you are in business with partners or would like to hand on the family business to one child but not others, a life insurance policy may be a useful strategy – sometimes known as estate equalisation – to even the distributions from your estate.

In the case of a business partnership, you would name your partner or partners as beneficiaries of the life insurance policy, to effectively ‘buy you out’ of the business. Where it’s a family business due to be handed on to one child, your life insurance would go to your other children to match the value of the business.

Note that it is crucial to continually review the value of the business and the value of the life insurance to ensure they remain current.

Estate planning can be tricky and emotional, particularly when your circumstances are a little more complex. Get in touch with our team of experienced financial advisers to help guide you through the planning stages so that your estate plan meets your wishes and takes account of all the issues.

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Moving aged care homes

Moving aged care homes

Occasionally, people want to change aged care homes. Moving to a new aged care home can offer many benefits for residents, such as being closer to family or enhanced services. However, it is crucial for decision-makers to fully understand the financial implications of moving to another aged care facility, especially if the resident’s circumstances have changed since the initial financial assessment by Services Australia.

What are the financial implications?

Potential increase in fees

  • Accommodation Costs: The cost of accommodation can differ greatly between facilities. A new aged care home may charge higher accommodation fees, including a Refundable Accommodation Deposit (RAD) or Daily Accommodation Payment (DAP). It’s important to compare these costs to understand how they might affect your budget.
  • Additional Services: Some facilities offer services or amenities that may come with additional costs. Make sure you are clear about what is included and what extra charges may apply. It is important to note that homes that accept low-means/concessional residents may have lower-quality fittings and fixtures, but the level of care you receive should be the same as homes that do not accept concessional residents.

Reassessment of financial status

Moving to a new aged care home often triggers a reassessment of your financial status by Services Australia’s residential aged care department. If your financial situation has changed since your initial assessment, the outcome of the reassessment can significantly affect the fees you will be required to pay. The reassessment may lead to one of three outcomes:

  • No change: If there have been no significant changes in your financial situation, your status will remain the same. For instance, if you were originally assessed as a low means resident, your accommodation cost will be assessed the same.
  • Loss of low means status: If your assessed assets have increased, you might lose your concessional (low means) status, resulting in higher fees as you would be classified as a financial resident. This is explored further in the scenario below.
  • Change from financial to low means/concessional: If your financial situation has worsened, you might qualify for concessional status, which could lower your fees if the government assessed accommodation contribution is lower than your current DAP.

Scenario: Supported resident transferring to a new aged care home

To highlight the importance of these financial implications, let’s look at a recent case Alteris’ Lifestyle and Care Team handled for a supported resident.

Initial financial status

The resident originally entered permanent care as a partially supported (concessional) resident. They were paying a low Daily Accommodation Contribution (DAC) because while they had a modest level of savings, their former home was exempted from aged care fees, thanks to a Protected Person living there.

Change in financial circumstances

Later, the resident’s financial situation changed when the Protected Person status ended. This meant their home was no longer exempt from aged care fees. While still receiving subsidised accommodation, the change led to an increase in the DAC to the maximum rate of $68.14 per day. Additionally, a means-tested care fee could also apply at this stage.

Impact of moving to a new aged care home

  • New Means-Assessment: Upon moving to a new aged care home, a new means-assessment is triggered if it’s been more than 120 days since the original assessment. In our example case, without the protected person status exempting the former home, the resident would now be re-assessed as a financial resident and pay fees at the rate agreed with the new aged care home.
  • Accommodation Fees: The resident would then be required to pay for accommodation as a Daily Accommodation Payment (DAP) or Refundable Accommodation Deposit (RAD). Based on an assumed RAD of $500,000 and the current maximum permissible interest rate (8.36%), the DAP would be $114.52 per day.
  • Financial Impact: This represents an increase of $46.38 per day above the original maximum accommodation contribution of $68.14 per day. This increase needs careful consideration to ensure it is sustainable for the resident.

Planning

It’s essential to carefully review changes to cash flow requirements and the overall financial situation thoroughly before the move. To comfortably manage the increased accommodation fees over the medium to long term, there may need to be changes, for example, possibly using the former home to pay the DAP/RAD.

We are here to help, every step of the way

Moving to a new aged care home can greatly enhance quality of life, but it’s important to ensure that the resident and their decision makers are fully informed about the financial consequences. Careful planning and consideration of your financial situation will help ensure that your decision supports both your well-being and financial stability.

Our advisers can help by referring you to Alteris Financial Group’s Lifestyle and Care Team. Alteris’ specialist division of financial advisers are accredited in aged care advice and can talk you through all options and explain the various financial considerations. They can also provide full support with ensuring the fees and pension are correct by working directly with your accommodation provider, Services Australia and the relevant government departments.

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Retirement Income Options

How do retirement income options compare?

Retirement is filled with opportunities and choices. There’s the time to travel more, work on long-delayed personal projects or volunteer your help to worthwhile causes.

You also have a host of choices to make when it comes to funding your new life away from paid work. Here are four different retirement income options that your adviser will discuss if you or someone you know is approaching retirement. i

Account-Based Pension

An account-based pension (ABP) using your superannuation is one of the most common retirement income options. The amount you receive depends on the balance of your account and the drawdown rate you choose, subject to the minimum pension requirements set by the government.

Some considerations:

  • Tax benefits – Investment earnings, capital gains and withdrawals are tax-free, unless you have an untaxed component within your super.
  • Payment flexibility – Subject to pension minimums, most super funds allow you to adjust the payment amount and frequency, and even make partial or full lump-sum withdrawals if needed. You can also return to work and continue to receive a pension.
  • Longevity and market risks – You might outlive your account balance, especially if your withdrawals are high or your investment returns are poor.

Transition to retirement

A transition to retirement (TTR) strategy allows access to some of your superannuation while still working if you have reached age 60 (based on current rules). ii

Some considerations:

  • Flexible work options – You can reduce your working hours and supplement your income from your super.
  • Limits on pension rates – Like an ABP, there is a minimum annual pension rate. However, there is also a maximum annual withdrawal of 10 per cent of your TTR account balance.
  • Reduced retirement savings – Drawing on your superannuation while still working means your retirement savings might grow more slowly.

Annuities

An annuity is a financial product that provides a guaranteed income for a specified period or for the rest of your life. There are several types of annuities, including fixed, variable, and indexed annuities. You can purchase annuities or lifetime income streams using your superannuation.

Some considerations:

  • Predictable income – Provides a stable income stream, which can be reassuring for financial stability and provide an income for as long as you live.
  • Lack of flexibility – Once you purchase an annuity, the terms are generally fixed, and you cannot alter the income amount. There is a restriction on capital withdrawals or in some instances no access to capital at all.
  • Inflation risk – Fixed non-inflation-linked annuities may not keep pace with inflation unless specifically indexed to inflation.

Innovative retirement income stream

An Innovative Retirement Income Stream (IRIS) is provided by a newer range of products. These were introduced after changes to regulations designed to deliver more certainty to retirement income by paying a pension for life without running out of funds.

Some considerations:

  • Age Pension benefits – Centrelink only counts 60 per cent of the pension payments received as assessable income and only 60 per cent of the purchase price of the product counts as an assessable asset until age 84 when it is reduced.
  • Certainty – Some IRIS products offer a stable guaranteed income stream, providing financial security.
  • No minimum requirements – IRIS products do not require an annual minimum amount, instead just requiring at least one annual payment.
  • Complexity – Features vary widely between different IRIS products and may involve complex terms or conditions.

Next steps

Receiving expert financial advice can help retirees to understand the various funding options available to them and whether they align with their lifestyle goals for retirement.

Consulting with your financial adviser can help you understand whether these options suit your personal needs and how they might affect your retirement income. If you know a friend or family member who could benefit from expert retirement planning advice, please contact us so we can assist in structuring a plan to fund the retirement lifestyle they have worked so hard to achieve.

 

Sources

 i Planning to retire | Australian Taxation Office (ato.gov.au)

ii Transition to retirement | Australian Taxation Office (ato.gov.au)

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Tax Alert September 2024

Tax Alert September 2024

Employers need to ensure that payroll systems reflect recent legislative changes, while the ATO is highlighting deduction opportunities available to some small businesses. Here is your roundup of the latest tax news.

Update employer obligations

The ATO is reminding employers to stay on top of legislative changes affecting payroll systems.

The Super Guarantee rate increased on 1 July 2024 to 11.5 per cent of ordinary time earnings, so all payments (starting with those for the July to September quarter) to super accounts for eligible workers must reflect the new rate. i

Individual income tax rate thresholds and tax tables also changed on 1 July 2024, so you may need to check calculations for your Pay As You Go Withholding obligations.

Claims for energy expenses

Many small businesses are eligible for a bonus 20 per cent tax deduction for new assets (or improvements to existing assets) that support more efficient energy usage.

The Small Business Energy Incentive applies to eligible assets first used or installed and ready for use between 1 July 2023 and 30 June 2024. ii

Eligible expenditure on external training courses for employees incurred between 29 March 2022 and 30 June 2024 could also qualify for a 20 per cent bonus tax deduction under the Small Business Skills and Training Boost. iii

Pay less capital gains tax (CGT)

While a business can reduce capital gains made during a tax year by offsetting them with capital losses from the same or previous income years, not all capital losses are eligible. iv

Capital losses carried forward from previous years need to be used first, with losses from collectables (such as artwork and antiques) only permitted to offset capital gains from collectables.

Losses from personal use assets (such as boats or furniture), CGT-exempt assets (such as cars and motorcycles), paying personal services income to yourself through an entity you set up, and leases producing income (such as commercial rental property) are ineligible as offsets.

Fuel tax credit rates change

Before claiming fuel tax credits in your next Business Activity Statement (BAS), check that you are using the latest rates, as they have changed twice in the new financial year. v

On 1 July 2024, the rate for heavy vehicles travelling on public roads changed due to an increase in the road user charge. The rate changed again on 5 August 2024 due to a change in fuel excise indexation.

Different rates apply based on when you acquired fuel for your business use, so ensure you use the correct rate. If you are unsure, try the ATO’s online Fuel Tax Credit Calculator to work out the amount to report in your BAS.

Records essential for rental expense claims

Rental property investors without correct documentation to substantiate their expense deductions may find their claims declared invalid. vi

The ATO is warning investors they need all receipts, invoices, and bank statements plus details of how deductions were calculated and apportioned for a valid claim.

Lodging a ‘nil’ BAS

While taxpayers registered for GST automatically receive a BAS and are required to lodge and pay in full by the due date, businesses with nothing to report are still required to lodge.

If you have paused your business, you are required to lodge a ‘nil’ BAS by the due date either online or via the ATO’s automated phone service. vii

By taking proactive measures, staying informed, and seeking professional financial advice, you can navigate the evolving landscape of personal and business tax compliance with confidence. Our financial advisers can work with you to understand your tax situation and safeguard your financial wellbeing.

 

Sources

How much super to pay | Australian Taxation Office (ato.gov.au)

ii Small business energy incentive | Australian Taxation Office (ato.gov.au)

iii Small business skills and training boost | Australian Taxation Office (ato.gov.au)

iv Pay less capital gains tax (CGT) | Australian Taxation Office (ato.gov.au)

From 1 July 2024 to 30 June 2025 | Australian Taxation Office (ato.gov.au)

vi ATO warning to rental property owners: don’t let your tax return be a ‘fixer-upper’ | Australian Taxation Office

vii Cancelling your GST registration | Australian Taxation Office (ato.gov.au)

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September 2024 Insights

September 2024 Insights

Welcome to spring, a season that can inspire personal, business, and financial renewal. We hope you enjoy the sunshine and warmer weather.

Global stock markets—including the ASX—largely stabilised by the end of August after a turbulent month.

It was a rocky start, with global markets plummeting following news of high unemployment figures in the US and an interest rate move by Japan’s central bank. Despite the drama, the S&P/ASX 200 closed 1.28% higher for the month, marking a gain of just over 10% for the year to date.

A slight drop in inflation, down to 3.5% in July from 3.8% the previous month, had investors watching the Reserve Bank’s reaction. However, most economists agree that there’s little chance of an interest rate cut this year. The Reserve Bank of Australia (RBA) is not expecting inflation to reach its preferred levels until late 2026 or early 2027.

While the cost of living has dropped slightly, partly due to $300 federal government rebates on electricity bills, wages have risen. The Australian Bureau of Statistics reports that wages increased by 4.1% in the year to June, meaning that wages are now keeping pace with the cost of living.

The good news from the market and inflation data contributed to a small upswing in consumer confidence, although there is still much ground to recover after the losses caused by COVID-19.

If there is something affecting your financial situation that you would like to discuss, please do not hesitate to reach out to our team.

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2020