Superannuation is perplexing enough, let alone when you need to think about Bankruptcy too. At Bankruptcy Experts Port Macquarie we often have a lot of people talking to us about what may take place to their super, and if you have a regulated or industry fund (like most superfunds) then your super is safe, and Bankruptcy will have no influence upon your super. However, if you have a Self-Managed Super Fund then you could find some issues because there are certain things you can not do when insolvent related to the management of finances.
This is actually an increasing concern with a lot of Australians in the last few years; the ATO tells us it has developed Australia-wide from 758,589 in 2009 to 1,011,689 in 2014. So what occurs to these Superfunds when it boils down to Bankruptcy?
As I suggested earlier, a fundamental solution to your SMSF concern is to put your super back into a standard regulated managed fund before personal bankruptcy and save yourself all the problems described above.
Firstly, if you are taking into consideration Bankruptcy, you can not be a part of a SMSF. Why? Because if you are going up against insolvency, you will be grouped as a ‘disqualified person’. And a disqualified individual can not operate as an Individual Trustee. This poses a complication because typically most of the SMSFs are just 2 people, which means the two of these users must also be the individual trustees. The position of trustee sets a great deal of legal guidelines, and if you are in this position I would strongly advise you to become acquainted with them all– for example because you can not ‘know or suspect’ that one of you are insolvent. So you can observe how an individual insolvency can be rather harmful to a SMSF and as you can picture the procedure of Bankruptcy for a SMSF is somewhat intricate.
Regardless if you phone us or somebody else it does not matter, just please don’t walk into bankruptcy blind when it relates to your SMSF. In reality because Bankruptcy is so complex with SMSFs we urge you to get both legal and financial assistance before proceeding with any one of the steps suggested in this short article.
So what takes place if one of the members of an SMSF does enter Insolvency?
For starters, the SMSF will want to be restructured. This means that you will certainly want to take into consideration your whole structure and make sure it is complying with the basic requirements, including things like maintaining a new trustee that is not dealing with issues with Personal bankruptcy. The Australian Tax office will offer you a 6 month ‘grace period’ in order to get this completed before you face penalties. And consider, often the most optimal plan would certainly be to simply roll the fund into an industry or corporate fund.
More than these large-scale restructuring difficulties, there is a great deal of paperwork to handle too, and you need to be constantly keeping the ATO informed of what is occurring. This indicates you need to let them know that you have a bankruptcy problem with your current trustee, that they are being eliminated as quickly as possible and let them know who the new trustee/director is. The Bankrupt will likewise have to notify the ATO using the form NAT 3036 (Found on the ATO website) and they will need to also notify ASIC of their resignation.
In the course of that 6 month time period you will have to remove the Bankrupt from the SMSF– including their property and assets. Keep in mind if you are uncertain call Bankruptcy Experts Port Macquarie for some complimentary recommendations on 1300 795 575.
What happens if I use a single member fund?
However, if you are a single member fund the Bankruptcy will be a little bit diverse because you will want to designate a new director (as it can not be you from now on) you are going to need to make a lot of difficult choices with this therefore speaking to a professional is going to be essential. You can contact Bankruptcy Experts Port Macquarie for some free guidance on 1300 795 575.
From that you can notice how whenever it involves Bankruptcy, even though one single member is handling problems, it can impact the very existence of an SMSF. If you are at this moment facing this concern yourself, or with a partner in a SMSF, feel free to seek financial advice to make sure you are meeting the ATO needs.
Bankruptcy is certainly never easy, but finding appropriate advice is the most effective first step. If you would like to discuss your choices further, contact us at Bankruptcy Experts Port Macquarie or visit our website: www.bankruptcyexpertsportmacquarie.com.au or just call us on 1300 795 575.