Access to $10,000 Superannuation in Virus Hardship Cases

Discussion in 'Superannuation, SMSF & Personal Insurance' started by Nodrog, 22nd Mar, 2020.

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  1. craigc

    craigc Well-Known Member

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    Doubtful even considered. DB funds are usually an afterthought but there’s likely something out there now to address this.
    Any accumulation balances at all or 100% DB?
     
  2. craigc

    craigc Well-Known Member

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    Expect to receive a question, but if you have the evidence to support your facts that’s it’s all ok, present it & should be fine.
    Again, this is based only on you saying you’re complying as we don’t know the full facts.
     
  3. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    The ato are issuing a caution letter in such cases. There isnt a specific rule. Many issues to consider. I had a case where the client met the release. But also recontributed a few days later. There was a tax benefit. They sought the Commissioners views prior to lodgement and were told the commissioner would consider cancelling the deduction under part iva
    They decided not to claim a deduction. I agreed. Their deduction amount was eirily within $100 of their total cap. Looked like a scheme.
     
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  4. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Db rules may prevent release. Fund advice is needed. A db account may not have a balance to access. It has a retirement restricted entitlement
     
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  5. Baker

    Baker Well-Known Member

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    If someone went $2k over the $25k concessional cap on super contributions, but also withdrew $10k due to COVID hardship, does one offset the other?
     
  6. SatayKing

    SatayKing Well-Known Member

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    Interesting question. If I were a betting person I'd bet for No to win. Two separate matters and provisions.
     
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  7. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    The excess contribution is a separate law. But withdrawal can affect capacity to have the fund pay the ECTax in some cases,