Shares in super and transferring funds

Discussion in 'Superannuation, SMSF & Personal Insurance' started by mcarthur, 16th Jun, 2017.

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  1. mcarthur

    mcarthur Well-Known Member

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    I'm trying to evaluate whether to go to SMSF or a fund that permits direct share purchase (LICs, ETFs). I'm concerned about getting a 100-200k of shares inside the fund option as some have suddenly increased their fees and there may be poor options to exit.

    I understand that an in-specie transfer of shares can be made into a super fund, such as from an individual's holding outside super. However, many super funds don't seem to permit in-specie move of shares if you want to change from one fund to another. If later you want to change to another super fund, is there any way to move the share so you don't have to sell and have a CGT event?
     
  2. Terry_w

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

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    An inspecie transfer would trigger CGT in any event.
     
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  3. Ross Forrester

    Ross Forrester Well-Known Member

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    If you transfer while in a full pension the cgt event is tax free if your fund balance is under 1.6m
     
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  4. mcarthur

    mcarthur Well-Known Member

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    Ah, thanks @Terry_w. So there's no benefit in making the move via in-specie (keeping the holdings) or selling and re-purchasing (and possibly re-balancing), apart from brokerage fees?
     
  5. mcarthur

    mcarthur Well-Known Member

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    Ah thanks Ross. I hadn't known that.
    Is there any way to in-specie transfer though if the fund says they won't? ie. they have to by law even if they don't advertise it?
     
  6. Terry_w

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

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    There is probably a disadvantage. This is an undermarket value transfer so risks with asset protection. Here is am talking about transferring from perosnal name into the SMSF.

    See
    Legal Tip 2: Asset Protection and clawback provisions https://propertychat.com.au/community/threads/legal-tip-2-asset-protection.224/

    and

    Legal Tip 119: Moving existing assets into a trust https://propertychat.com.au/communi...119-moving-existing-assets-into-a-trust.9447/
     
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  7. Terry_w

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

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    The trust deed may prohibit it.
     
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