SMSF Accountants Tip:
Deductibility of Amending an SMSF Trust Deed
As a general rule, costs incurred by a trustee of a superannuation fund in amending the fund’s trust deed are not deductible. However, if the trust deed amendments are necessitated by changes in Government regulations the costs incurred are a deductible expense for the fund (ATO Tax Ruling 2672).
John Prior, Carnegie business owner, owns the Prior Self Managed Superannuation Fund. John is considering drawing a pension. He contacts his local Carnegie accountant to discuss what steps are necessary to commence the pension. On review, it was discovered his trust deed was created in 2005 and does not incorporate all of the provision necessary to commence a transition to retirement pension. John would be able to claim a tax deduction for legal fees incurred to amend his deed, prior to the commencement of the pension.
Hillyer Riches is a specialist accounting, business advisory and SMSF accounting firm located in Caulfield, Melbourne. For more information email email@example.com.
Hillyer Riches Management Pty Ltd is a Corporate Authorised Representative (No 466483) of Capstone Financial Planning Pty Ltd. ABN 24 093 733 969. AFSL / ACL No. 223135.This document contains general advice only and is not personal financial or investment advice. Also, changes in legislation may occur frequently. We recommend that our formal advice be obtained before acting on the basis of this information.