Legal tip 221: Strategy to increase the Pension when Have Too much in assets

Discussion in 'Financial Planning' started by Terry_w, 22nd Jul, 2019.

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  1. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    The ‘assets test’ can prevent someone from getting a full or part aged pension. A way around this might be to ‘double dip’ by spending up to reduce your assets. But that is wasteful. Spending $150k wastefully just to get an extra $10k doesn’t seem to be wise (yet people actually do this!).


    A better way would be to upgrade the main residence. But this is also wasteful in terms of suffering stamp duty and other costs – you will lose roughly 10% of the value in selling one house to acquire another.


    Another solution is to build a granny flat or second dwelling in the existing house. This will use up a chuck of cash, but also add value to the property.

    As long as the granny flat is not rented out, or family stay there it will be treated as a part of the main residence and there will be no income taken into account.

    This could help a person both get the pension as well as help family out by allowing them cheap accommodation.

    Section 11A(1) of the Social Security Act

    As of July 2019 the assets test for a single pensioner is $258,500 for a home owner. That is a single pensioner can have assets of $258,500 or less, other than their home, and still get the full pension.


    Example

    Homer’s wife Marge just died and he is on a single pension. He has a $400,000 house on a large block as well as $400,000 in the bank. Homer could get a part pension only with his assets exceeding the assets test level.

    His pension would be $12,836 per year

    If he used $141,500 to build a granny flat the pension would jump to $22,509 pa

    Using this great calculator: Centrelink Age Pension Calculator 19.7

    Homer uses $141,500 to build a granny flat in the back yard.

    His pension increases by almost $10k per year.

    He let’s his son Bart stay there and Bart helps around the home. Bart is now saving $300 per week on rent – so he is $15,000 per year better off.


    If Bart moves out or if Homer ever needs more money he can always rent the granny flat out, but this would reduce his pension. If he rented the flat out for $300 pw he would get $15,000 pa rent plus $16,377 for the pension. $31,377 pa

    He could also sell the property by about $180,000 more with the granny flat

    So, all up building the granny flat has benefitted Homer in at least 4 ways:

    a) Larger pension

    b) Family close by

    c) Potential rental income plus part pension making more cashflow than doing nothing – more than $31,377 compared to $12,836

    d) Greater tax free capital asset for him and his family (if rented won’t be tax free completely)


    Originally posted at
    A Strategy to increase the Pension when Have Too much in assets - The Structuring Blog
     
    craigc likes this.
  2. geoffw

    geoffw Moderator Staff Member

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    It's more difficult to do this when you don't actually have the assets.

    I sold a business, with half the proceeds in vendor finance. The purchaser transferred the business, then made himself bankrupt, owing me $400k.

    But the bankruptcy is still in progress. I've been told that I have zero chance of getting anything back, which is bad enough. But it also means that the debt is counted as an asset until the bankruptcy is finalised. This not only puts me over the limit for aged pension or any social security, it also means that I can't use the capital loss to offset gains until it is finalised. It's been over 2½ years, and I don't know when it will be finalised.

    And I can't use the non existent $400K to upgrade my house.
     
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  3. robboat

    robboat Well-Known Member

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    +1 @geoffw....
    It's only the government that thinks a debt or a loss is the same as cash in the bank....

    I've just sorted a $172k "loss is treated as an asset" issue with some government agencies - but had to close the company to do it!
    I expect the rules will become harder for the OAP in the future...
     
    geoffw likes this.
  4. geoffw

    geoffw Moderator Staff Member

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    I have a property in the same trust (corporate trustee). But at least I can carry forward losses, when they become actual losses. Eventually. So in the long term, even when the property is sold (at a loss) I'll have credits.

    I was told I need to wait at least 3 years for it to be finalised, but if complex, it could take longer.
     
  5. Paul@PAS

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

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    Age Pensions and trusts or any entity dont mix well. Good reason why you never distribute even a small amount to older parents. I know of at least two people who cannot access any age pension as they have a entitlement (perhaps) to a trust they cannot revoke or be excluded from.
     

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