Wealth transfer tip #2: Investigate tax savings
There may be strategies that can help to ensure your wealth passes in a tax-efficient manner.
Super
While super is a significant component of retirement planning, it can also serve as an effective means of transferring wealth to loved ones.
Ensuring that any super you have left over at the time of your passing is distributed according to your wishes, generally requires you to complete a binding death benefit nomination provided by your super fund.
It’s important to be aware that upon death your beneficiaries may be charged tax on this money, depending on their relationship with you. For example:
- A spouse or dependent child typically receives your super benefit tax-free
- Non-dependents, such as adult children, may need to pay tax on your super benefit
- Financial dependents and other beneficiaries may have different tax obligations.
If it is likely that non-dependents will receive your super upon your death, a possible option is to withdraw part or all of your super during your lifetime to reduce tax payable.
Gifting
Transferring wealth via gifting can be a good option. It may however, affect you financially if you’re receiving social security benefits such as the Age Pension and you exceed the gifting limits.
You're entitled to gift up to $10,000 in cash gifts and assets in one financial year. You can also gift up to $30,000 over five consecutive years. If you exceed this limit, Centrelink assess the excess amount as an asset and deem the income, for a five-year period.
An alternative to gifting that you may prefer is loaning wealth to family members. A loan to a family member may not affect a social security benefit and can usually be recalled if, for example, the family member’s marriage or de facto relationship breaks down.
Wealth transfer tip #3: Consider setting up a trust
Some people choose to pass their wealth to younger generations through a testamentary trust, rather than leave all their assets directly to them.
One of the main benefits of testamentary trusts is they can enable your wealth to remain with your direct family members. It also enables wealth to pass in a manner that protects beneficiaries who may be vulnerable due to marriage or a relationship breakdown, or due to their profession or a business they operate.
In other cases, testamentary trusts can preserve your wealth by ensuring it’s not misspent by beneficiaries on poor lifestyle choices or investment decisions, for example.
Tax benefits of trusts
These trusts, which are written into the will when planning your estate affairs, can have significant tax benefits too.
For example, if a beneficiary receives their inheritance under their personal name, they may be liable to pay additional tax on investment earnings or capital gains at their personal marginal tax rate (the tax rate they pay on their income).
However, a testamentary trust may lower the overall tax liability. This is because the income can be split with the beneficiary’s other family members, including young children.
Depending on your circumstances, you may even choose to set up separate trusts for each beneficiary. This will enable them to invest the way they want and manage their finances independently over the long-term.
Wealth transfer tip #4: Write a will and update it
One of the simplest things that people often overlook is writing a will.
This document is the mechanism for any successful wealth transfer plan and must be updated regularly to ensure any major life changes are accounted for. This can include anything from getting married or having children, to selling the family home.
Wealth transfer tip #5: Seek help from a professional
If you value the experience of experts in other aspects of your life, don't discount it when it comes to managing your life savings.
A financial adviser can develop and execute a wealth transfer plan. They can also recommend other suitable professionals such as accountants and lawyers to assist with drafting wills, establishing trusts, and other legal documents to ensure your wishes are carried out.
More importantly, you can get help to answer questions like:
- How can I ensure my wealth is transferred to my children?
- What strategies can I use to build my wealth?
- What age can I stop working and retire?
Frequently Asked Questions on wealth transfer
Are there any tax implications to wealth transfer?
Yes, there can be tax implications including capital gains tax and estate taxes. Consulting with a tax professional or financial adviser is recommended.
Can I transfer wealth while I'm alive, or does it have to wait until my death?
You can transfer wealth during your lifetime through gifting, setting up trusts, or other means. The choice may depend on your goals and circumstances.
How can I ensure my wealth is used responsibly by the next generation?
You can include terms in trusts or your estate plan (will).
How can I protect my wealth from legal or financial challenges after I pass away?
Asset protection strategies, like trusts and insurance, can help shield your wealth from creditors and legal claims.
