Rated #1 for Technical Support 13 years running by Wealth Insights¹ our FirstTech team brings award-winning expertise to every adviser conversation.
For more than 25 years, our team has offered expert guidance across a wide range of technical areas, from superannuation and contributions, to aged care and estate planning.
The Department of Social Services has released two determinations regarding legacy income streams: Social Security (Asset-test Exempt Income Stream Guidelines) Determination 2025 and Social Security (Asset-test Exempt Income Streams – Legacy Product) Determination 2025.
Legacy income streams include lifetime, life expectancy and market linked income streams (TAPs) that are 50% or 100% asset test exempt for social security means testing.
The Department stated that an unintended consequence of the introduction of the 5 year commutation window for legacy income streams commencing 7 December 2024, was that existing legacy income streams were no longer asset test exempt, as social security legislation did not allow for commutations due to the 5 year commutation window.
The new determinations allow the Secretary to determine that legacy lifetime income streams that were 50% or 100% asset-test exempt immediately prior to 7 December 2024, will continue to be asset-test exempt income streams where they meet all other criteria.
The commencement date of the determinations is the day after they are registered, however FirstTech is seeking confirmation as to whether it will be applied retrospectively from 7 December 2024.
The Aged Care Rules which provide important detail as to the operation of the new Aged Care Act 2024 have been registered.
The Aged Care Rules are effective at the same time the new Aged Care Act commences - 1 November 2025.
The ATO has released amendments to two rulings regarding recent amendments to the non-arm's length income (NALI) rules:
A testamentary trust is a widely used estate planning tool that offers a number of benefits, including tax efficiency, asset protection and social security benefits.
This article explores key tax-related considerations associated with testamentary trusts, focusing on:
- Tax concessions for minor beneficiaries
- The tax effectiveness of streaming trust income
- The tax implications of transferring personal assets or superannuation death benefits to a testamentary trust via the deceased estate
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Before recommending that an SMSF trustee sells fund assets, it’s important to consider the potential CGT implications including any deferred gains that are required to be brought to account under transitional CGT rules.
This applies where a fund using the unsegregated assets method applied the transitional CGT relief rules back in 2016-17, due to the introduction of the transfer balance cap or the changed taxation of transition to retirement income streams
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Tribel Advisory
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Adviser use only. Information on this webpage is provided by Avanteos Investments Limited ABN 20 096 259 979, AFSL 245531 and Colonial First State Investments Limited ABN 98 002 348 352, AFSL 232468. It may include general advice but does not consider anyone’s individual objectives, financial situation, needs or tax circumstances. You should read the relevant Product Disclosure Statements (PDSs), Investor Directed Portfolio Service Guides (IDPS Guides) and Financial Services Guides (FSGs) before making any recommendations to a client. The PDSs, IDPS Guides and FSGs can be obtained from www.cfs.com.au or by calling us on 13 18 36. Past performance or awards are no indication of future performance.