Superannuation Nominations – Make It Legit!

Don’t be trapped by the pitfalls of superannuation nominations – make it legit!

Have your circumstances changed recently?  Have you married, separated, divorced, had kids, or are your kids now over 18 years old?  It may be time to consider and/or review your superannuation nomination.

A superannuation nomination is a notice to your superfund trustee outlining who you want to receive your superannuation benefits after your death.  However, your superfund trustee is only bound by a nomination that is valid [in accordance with superannuation laws].

Many superannuation funds will not guide you through what constitutes a valid superannuation nomination, which makes it all the more difficult.

So, what constitutes a valid superannuation nomination? Your superfund trustee will look at the following hierarchy of people when considering how to distribute your super:

  1. Your spouse or ex-spouse;
  2. Your children [or other financial dependents]; and
  3. Your Estate.

Let’s break these categories down a bit further…

1. YOUR SPOUSE OR EX-SPOUSE

It may seem common sense that a superfund trustee would pay your super benefits to your partner automatically.  And this is true, particularly if you have made a nomination directing the payment to your spouse.  However, if, since making the nomination, you have separated or divorced from your spouse, the nomination is not revoked and, in fact, remains valid. Thus, your benefits may be paid to an ex!

2. YOUR CHILDREN

The intention of superannuation is to fund the retirement of you and your dependents.  Accordingly, a spouse and children who are considered to be financially dependent upon you will receive the most beneficial treatment under superannuation law.  Your children who are under 25 or have a disability will be considered dependents.

You must be careful with nominations to children as there can be pitfalls, including:

  1. You cannot nominate nieces or nephews [invalid];
  2. If the children are under 25 and you have a spouse or an ex-spouse who is alive, that person will be considered the guardians and your super will be paid to them [to hold upon trust for your children until they attain the age of 18];
  3. Children who are over 25 are determined as not being financially dependent upon you, and if the super benefit is paid to them then they will be heavily taxed upon receiving the death benefit.
  4. The taxation consequences can be different for children depending on their ages at the time of your death, which will create an uneven division in real [net] terms;
  5. As long as your children are over the age of 18 years, the superannuation fund will pay an entitlement directly to nominated children, meaning you cannot protect that benefit for your children until they attain an older age.

If you intend for your super benefits to benefit your children, and any of the above issues are in concern in your current circumstances, one solution may be to nominate your Estate as the beneficiary [provided you have an up-to-date Will].  Your Will then controls the distribution of the super death benefits to your chosen beneficiaries and much can be done to reduce or avoid the tax consequences described above!

3. YOUR ESTATE

As mentioned, nominating your Estate is a great way to cover most pitfalls of superfund nominations.  Tax can be avoided or reduced where you have children under and over the age of 25, you can implement asset protection strategies for your personal and superannuation assets for your children, and you can distribute your super death benefits to third parties [who aren’t your spouse or child] through your Will.

The potential consequences of this option are that this can create a further delay between your date of death and the distribution of the superannuation death benefits, and it also has the effect of increasing the value of your estate.  If your Will is challenged after your passing, the superannuation benefits will form part of the asset pool which can be claimed against.  Some food for thought regarding the significant asset that is your superannuation.

So, maybe it’s time to review your superannuation nomination – and for the greatest benefit, we suggest reviewing it concurrently with your Will and Powers of Attorney.

Contact our Legal Team for an appointment to review your Estate Planning to find out how we can help.

 

Katherine Taylor – Solicitor

BCriminology [History], LLB

Buy Low Sell High

Buy Low Sell High is the first seminar in our free Property Seminar Series.

Buy Low Sell High is designed to provide an overview of the sale process, from engaging a real estate agent right through to handing the keys to the purchase.

We delve into:

  • WHO // you will need to engage to sell + why
  • WHAT // who does what, from the agent to the stylist right through to the broker + lender
  • CONVEYANCING // the general conveyancing process
  • SETTLEMENT DAY // what to expect + what happens if there is a delay
  • TRAPS + PITFALLS // that you should be wary of when consider to sell your property

So when the time is right to move on to your next dream home, selling your property for the best price will be a breeze!

Secure your FREE ticket through Eventbrite here.. https://www.eventbrite.com.au/e/buy-low-sell-high-tickets-75801936633

REFRESHMENTS INCLUDED + ALL CHILDREN WELCOME!

New Labour Hire Laws In Victoria

ATTENTION ALL BUSINESSES.. does your business or organisation use labour hire workers?  If this applied to you, then you need to be aware of the new labour hire laws that are now in place, and how they may affect you and your business!

 

Under the Labour Hire Licensing Act 2018, labour hire providers will have until 29 October 2019 to apply for and be granted a licence by the Victoria Labour Hire Authority to operate in Victoria.

Licences can be applied for from the Labour Hire Authority website.  These licences are valid for a period of no more than three years.

There is a test that needs to be satisfied to obtain and maintain a licence.  This is known as “fit and proper test”.  Businesses will need to prove past compliance with the applicable employment, tax, immigration and workplace health and safety laws.

To ensure compliance of the new licensing system, the Victoria Labour Hire Authority will employ inspectors.  These inspectors will be able to enter and search premises, examine, seize or inspect anything suspected of relating to a possible contravention.

KEY POINTS FOR BUSINESS OWNERS:

  • LABOUR HIRE PROVIDERS MUST REGISTER ONLINE TO CREATE AN ACCOUNT + then apply for a licence.
  • LABOUR HIRE PROVIDERS WILL HAVE SIX MONTHS, or until 29 October 2019 to register online + apply for a licence.
  • IF PROVIDERS DO NOT APPLY FOR A LICENCE within the six-month transition period, they will be prohibited from providing labour hire services from 30 October 2019
  • UNLICENSED LABOUR HIRE PROVIDERS CAN FACE SUBSTANTIAL FINES, with a maximum penalty for a natural person being more than $120,000 + for a corporation exceeding $500,000.
  • HOSTS [BUSINESS WHO UTILISE LABOUR HIRE WITHIN THEIR BUSINESS] who enter into an arrangement after 29 October 2019 with a labour hire provider who has not applied for, or who has been refused a labour hire licence face substantial fines ranging from a maximum in excess of $120,00 for a natural person to in excess of $500,000 for a corporation.
  • THERE IS AN APPLICATION FEE, + ANNUAL LICENCE FEE, payable by the labour hire provider.

If your business uses labour hire workers in Victoria, we recommend you begin enquiringly with the providers as to their intentions with respect to applying for a licence.

Please contact Canny Legal on 5278 9500 if you have any queries regarding the new Labour Hire regime.

Spring Clean Your Life Planning

Spring has sprung, the days are getting longer and the sun is getting warmer – if you haven’t already, you are likely getting out in the garden, cleaning the house, and planning your summer projects around your home and garden.

In all the excitement of improving your physical environment, spare a thought for your life planning; that is, your future estate, asset and tax planning – it is a great time of year to give these a freshen up too!

Your Will is an easy place to start.  We recommend that a review of your existing Wills should be undertaken every 5 years, or earlier, if your current circumstances change.  If you don’t have a Will, NOW is the perfect time to get that process started.

Aside from regular reviews, there are certain milestones which are ideal point to consider and update your Will.  If any of the following have occurred in the last 12 months, or are likely to occur in the next 12 months, a review is necessary:

  • ENTERING A NEW RELATIONSHIP
  • MARRIAGE
  • CHILDREN
  • PURCHASING OR SELLING PROPERTY
  • CHILDREN BECOMING ADULTS
  • RETIREMENT
  • ESTABLISHING A BUSINESS
  • BUSINESS OR TRUST CHANGES
  • RELATIONSHIP BREAKDOWN, SUCH AS SEPARATION OR DIVORCE

If any of the above scenarios have recently changed in your life, it would be a good idea to grab copies of your signed Will, have a sit down and read over what you have in place.  If you see anything which requires change, or you are unsure about the impact of a life event, come see our legal team and we will assist you with the review.

Another issue worth noting is how marriage, separation and divorce can affect your Will if you fail to update it.  Each has a different consequence, and failing to consider and update your Will and Powers of Attorney at the time can result in the wrong people being in control of, and entitled to, your hard-earned assets.

The key to good long-term life planning is to be prepared, and obtain advice before committing to a significant life, asset or business change [where possible].  This isn’t limited to Wills, as changes can also impact Powers of Attorney, ownership of assets [ie. if owned jointly with others], business structures and agreements and superannuation entitlements.

Contact our Legal Team today to get your Life Planning spring clean underway.

 

Kayla Kennedy – Solicitor

LLB

Property Seminar Series

With Spring in the air it’s no secret that it’s one of the best times of the year to go house shopping!  With that in mind, Canny Legal have put together their very own Property Seminar Series, with seminars covering the following topics:
  • SELLING A PROPERTY
  • BUYING A PROPERTY
  • INVESTMENT PROPERTIES
  • FIRST TIME HOME OWNERS
  • PURCHASE OF A COMMERCIAL PROPERTY
  • RENTAL/LEASING MATTERS
As well as our experienced and friendly team, we will also have special guests including local real estate agents, builders, financial brokers and many more to share their tips and tricks.

State of Wellness Summit

STATE OF WELLNESS SUMMIT // Creating Sustainable Positive Changes In The Lives of Women

We are honored to be sponsoring this amazing wellness movement that is all about creating sustainable positive changes in the lives of women.

You will be able to find our team on Thursday 10th October at GMHBA stadium sharing our knowledge with everyone on how NOT to sweat your finances.

Hosted by Geelong’s charismatic and life-changer Roxie Bennett, there will also be speakers including:
LAUREN BURNS // Olympic Gold Medalist, Naturopath/Nutritionist
JANE KINNEAR // Positive Change Coach, Speaker + Registered Nurse
REBECCA WINKLER // Naturopath + GAPS Practitioner
JO SURKITT // Though Leader, Speaker, Leader + Positive Change Creator
CAL STEWART // Feng Shui Consultant
MADELINE WEST // Food and Mood Centre at Deakin University
KIM BYRNE // Female Mentor, Author + Acclaimed Surfer
AMANDA WILKENS // Canny Group Director, CPA, Chief Financial Operator + Supporter of Women in Business
SAMANTHA BUTCHER // Financial Adviser
DR. CAROLINE TAYLOR-WALKER // Principal Doctor + Lecturer

THURSDAY 10TH OCTOBER 2019
HIGHER MARK @ GMHBA STADIUM GEELONG

Director Amanda Wilkens along financial adviser Samantha Butcher are going to be on stage from 3.30pm for the Q+A Expert Panel answering all of the questions related to women finances.

By using the following link, https://www.stateofwellness.com.au/ we are lucky enough to be able to offer a $50 discount on all tickets that are purchased, just enter CannyFriend as the promo code to apply your discount.

Estate Planning

I’ve often thought that ‘life planning’ would be a much more appropriate label than ‘estate planning’; estate planning is [and should be] so much more than simply planning for your death.

Of course, planning for how your assets should be dealt with upon your death by preparing a Will is an important component of the plan, but it only one component of what should be much broader life planning – and that planning should begin as early as possible.

Estate planning extends well beyond Wills, to incorporate Powers of Attorney, Superannuation, business ownership, trust structures, tax planning and broader family arrangements, all of which may have no effect until you are unwell or pass away, but should all be part of your planning whilst you are fit and well and enjoying life.

Your estate planning should be front of mind during many of life’s big moments, including the following:

  • PURCHASING A PROPERTY // planning should include how the property is owned, whether that is in your sole name, joint names with another person, or in the name of a company or trust. Getting this right will determine who can receive an interest in the property should you pass away, and can also avoid unnecessary stamp duty, tax and legal expenses in transferring the property down the track;
  • GETTING MARRIED OR SEPARATING FROM YOUR SPOUSE PARTNER // the joy of getting married, or the difficulty of a relationship breakdown, both have an impact on your estate planning. Prior to the event, you should be reviewing any existing wills, powers of attorney, superannuation arrangements, business ownership structures and the ownership of your own assets;
  • HAVING CHILDREN, OR YOUR CHILDREN BECOMING YOUNG ADULTS // your children are the centre of your world, and should also be the centre of your estate plan, whether that is to provide for the care and provision of your minor children, or to benefit and protect your adult children for the challenges in their own lives;
  • STARTING A BUSINESS, OR PLANNING YOUR TRANSITION OUT OF A BUSINESS // both extremely exciting times, and both requiring significant planning to ensure smooth operation of the business and treatment of key people within it.

For bonus points, great estate/life planning will combine elements of legal advice and documents, financial advice and accounting advice, which is addressed in a cohesive, open and organised manner.

 

For further information regarding estate planning, please contact us to receive a FREE copy of our ‘7 Steps to Estate Planning Guide’, and look out for future dates for our ‘Estate of Mind’ seminar series at https://www.eventbrite.com.au/e/estate-of-mind-tickets-66157682409

 

Stefan Manche – Senior Associate Solicitor

LLB, BComm

Estate of Mind

Estate of Mind… Just like your state of mind changes throughout each stage of life, so too should your Estate Plan.

Join us at our free seminar to learn from our expert panel about the estate planning matters which should be on your mind at every stage of life, including:

  • WILLS
  • POWERS OF ATTORNEY
  • ASSET PLANNING + PROTECTION
  • SUPERANNUATION NOMINATIONS
  • FAMILY AGREEMENTS
  • SIMPLE TAX PLANNING
  • FUNERAL PLANNING+ lots more
Whether you’ve just had children, your children are having children, you’re entering into a new business venture or there has been a relationship breakdown, there is something for everyone in this practical + enlightening session to get you in the right Estate of Mind to secure your family’s future.
Refreshments included + all children welcome!

Congratulations Katherine + Kayla

Earlier this month Canny Legal gained two more solicitors, Katherine Taylor and Kayla Kennedy.  The ladies said goodbye to their positions as Law Clerks and proudly changed their titles to Solicitors.  Katherine and Kayla were both admitted into the Supreme Court as Legal Practitioners and their admissions were proudly moved by our Canny Legal’s Stefan Manche.

Stefan has been mentoring both Katherine and Kayla since he started with Canny Legal in October 2018 and admitted that “it was a very proud moment.”

We are so proud of how hard both Katherine and Kayla have worked they are both so excited to be welcomed into the world of being full-time solicitors!


 

What To Consider When Making Specific Gifts in Your Will

What to consider when making specific gifts in your Will

When preparing your Will there are a number of things to consider such as who to appoint as your Executor, the beneficiaries of your estate and whether you wish to leave any specific gifts to a particular family member or friend.

A ‘gift’ can be anything from a particular item of jewellery to a sum of money.  Below it will be discussed the matters that should be considered if you want to leave a gift under your Will.

Firstly, you cannot gift an item if you do not own them.  This situation can arise where a property is held under a Self-Managed Superannuation Fund or under a Trust.  Another situation to mention is when an item is owned jointly with another person.  In this case, the surviving owner will obtain the asset upon your passing.  Consequently, if you gift an item that you do not own, or is jointly owned, will be ineffective under your Will.

Secondly, it is important to update your Will to ensure that if the asset you have gifted still exists when you pass away.  We understand that life happens and that items and assets are sold or given away during your lifetime.  Therefore it is important to update your Will if you know that you no longer hold an asset.  However, if you have made a gift that is no longer in your possession, the direction in your Will would be ineffective and result in the recipient not receiving the gift.

Finally, if you wish to gift a particular asset or item under your Will, it is important to consider these items are properly described.  It is recommended to provide adequate detail when describing your asset to ensure your wishes are consistent as under your Will.

If you wish to discuss your Will, please do not hesitate to contact our friendly Canny Legal team.

 

Kayla Kennedy

Law Clerk

 

 

 

Cars + Running Expenses

Did you know transport is the second largest expense after housing, equating to almost 14% of household budgets?  As this cost continues to climb, people are looking for more effective ways to reduce their daily bills.  A Novated Lease on a new or existing vehicle may be the solution, providing significant tax savings on the purchase price and running costs of a vehicle.

BE SURE TO CONSIDER ALL YOUR OPTIONS..

Have you consulted with Canny Group about a smarter way to purchase your next vehicle?  Or if there is a more financially sound way to run your existing one?

As transport costs continue to climb, people are looking for more effective ways to reduce their daily bills.  On average individuals spend over $17,000 annually on transportation, equating to almost 14% of household budgets^.

A Novated Lease on a new or existing vehicle may be a solution to ease transport bills.  It is a three-way agreement between you, the financier and your employer, consisting of a vehicle salary packaging arrangement to pay a large portion of the finance and running costs using your pre-tax income. No business-use is required.

There is no other product or method in Australia that allows tax savings on the personal-use of a vehicle.

And whilst business-use can be taken into account, because of the way the ATO have catered for this concession, unless significant, business-use likely won’t increase the saving any further.

Novated Lease savings come from four key areas:

  • PAYG TAX ON VEHICLE REPAYMENTS + RUNNING COSTS – Australian tax law allows you to salary package a significant portion of the total finance repayments and anything the ATO deems to be a necessary vehicle running cost.
  • GST ON FINANCE REPAYMENTS + RUNNING COSTS – In addition to saving on PAYG tax, you also have the ability to save the GST on the salary packaged portion of finance repayments and running costs (i.e. an additional 10%).
  • REDUCED VEHICLE PURCHASE PRICE – Leasing providers like FleetChoice have purchasing power, resulting in significant discounts on the price of a new vehicle.
  • NO GST ON VEHICLE PURCHASE PRICE – If you purchase the vehicle from a GST-registered vendor (e.g. A fleet provider, a new/used car dealership or a GST registered business), you have the opportunity to not pay GST on the purchase price of the vehicle.  The vendor is paid the full price for the vehicle however you will only finance the GST exclusive price of the vehicle.

Put simply, a Novated Lease allows you to drive the car you want and pay for it in a cost effective way.  It’s also common for families to take advantage of multiple Novated Leases as the lease holder does not need to be the main driver of the vehicle.

Whether you travel 0km or 50,000km per year, the total cost of ownership under a novated lease is more often than not, much cheaper than had you paid cash for the vehicle.

Significant discounts on new cars are accessible via a Fleet Provider because of the sheer volume of vehicles they purchase each year.  And whilst a used or demo vehicle could be put into a Novated Lease agreement, it’s a good idea to get a comparative lease quote on the brand new equivalent.  In some cases, a year old used vehicle or demo model may come in at the same lease cost, or more!

Alternatively, if you aren’t ready to say goodbye to your existing car, you can have a Novated Leasing Consultant run the numbers on packaging your existing vehicle and running costs into a Novated Lease agreement.

Whilst fleet pricing is just as good all year round, May-June can provide that little bit of extra saving.  With EOFY knocking down the door, if you find you are in the market for a car, it might be a good idea to enquire into a Novated Lease soon, so you have enough time to compare your vehicle options wisely.

Most people don’t realise the amount of money they spend on getting from A to B, including to and from work.  It’s the second largest expense after housing, so it’s not surprising that 48% of employees are stressed about the cost of transport^.

If this sounds like something you are interested in knowing more about, get in touch here or speak to a Novated Specialist on 1300 34 33 88.

Alternatively if you would like to understand more about the benefits Novated Leasing can bring to your business, at no cost, download a free copy of The Forgotten Employer Initiative whitepaper.

FleetChoice specialise in the SME market and we make it easy for the employer because ultimately they do have to agree to be a part of the employees Novated Leasing agreement.

 

By Ellen Jessop

After a long 10+ years in the industry, Ellen has a passionate focus and demonstrated history in Income Tax Law, Fringe Benefits and more specifically Novated Leasing.  Enjoyer of expensive things like Reformer Pilates and our good old friend interior design, she currently helps pay for her fabulous Art Deco apartment renovation and ongoing exercise classes using the savings she enjoys on leasing her car.

 

*(FY19; 32.5% for those on $37,001-$90,000 annual Income, 37% for those on $90,001-$180,000 annual income). ^Source: 2018 Employer Talent Investment index. A national study conducted by Mantis Research.

 

 

Financial Savvy

Mark it in your diaries ladies.. FRIDAY 31ST MAY + FRIDAY 21ST JUNE!

We are hosting a FREE seminar for women who would like some education on their finances + most importantly their financial security!

Our in-house Financial Planner, Samantha Butcher will be covering topics such as:

  • Women’s Money Challenges
  • Life Events + Women
  • Women’s Money Goals
  • The Need for Insurance
  • Tax Effective Ways to Contribute to Superannuation
  • Superannuation Beneficiaries
  • Superannuation Investment Options
  • Budgeting/Credit Card Debts
  • Wills + Powers of Attorney

Refreshments included + all children welcome!

LIMITED TICKETS VIA EVENTBRITE: https://www.eventbrite.com.au/e/financial-savvy-tickets-62243498981