Are you aware that members of Self-managed Superannuation fund can access their super on compassionate ground?
However, only 61% of these applications were approved by the ATO, failing to comply with one or more conditions.
What are the compassionate grounds? One can access their super under compassionate grounds for the following eligible purposes, subject to satisfying the specific eligibility criteria(s) of these grounds AND other conditions:
If the member of self-managed superannuation fund (SMSF) wishes to access their super under any of the above ground, they need to satisfy all the below five conditions.
5 Conditions to become eligible to access super under compassionate grounds:
Trustees must comply with the specific requirements as laid out in SMSF Trust Deed:
If you or your clients are using our SMSF trust deed, clause 139 of our current deed specifies the additional requirements that trustee should be aware of while paying a benefit to a member on the basis of compassionate grounds:
It is important to note that trust deed and the relevant superannuation laws, both, form part of the governing rules of the SMSF. Trustee must comply with the requirements of both at all times. Trustee must regularly review and update their SMSF deed in line with changes in the relevant law. Our latest version of an SMSF deed incorporates all the relevant changes made in the superannuation law up to 1st July, 2023 (including changes to death benefit nomination clauses, pursuant to Hill v/s Zuda case).
Click here to update your SMSF Deed today. If you have more than 10 deeds to update, you can request us for the Bulk Updates by subscribing to our voucher packages – speak to one of our staff at 02 9684 4199.
Latest updates from Trustdeed:Sofware for Accountants - Built by Accountants
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