The $1.6 million transfer balance cap – What does it mean for you?

Credits are created by:

• The value of super assets supporting income streams on 30 June 2017,
• Starting new superannuation income streams from 1 July 2017 onwards,
• The value of reversionary income streams where an individual becomes entitled to them, and
• Notional earnings accruing to excess transfer balance amounts.

Debits are created by:

• Commutations of superannuation pensions,
• Structured settlement payments contributed to superannuation, and
• Certain payments arising from family law splits, fraudulent or void transactions.
• Reversionary pensions will count towards the cap, but members will have a 12 month period from the date of death to deal with the reversionary pension before a credit arises and counts towards their cap.

Going over the $1.6 million transfer balance cap will require the excess amounts to be removed from the retirement phase which will likely require the commutation of the relevant pension which has exceeded the cap.

Defined benefit pensions and certain pre-2007 superannuation pensions have special rules for the transfer balance cap recognising their non-commutable nature.

Any amounts in excess of a member’s personal transfer balance cap can continue to be maintained in their accumulation account in their fund. This means if you have more than $1.6 million in super you can maintain up to $1.6 million in pension phase and retain any additional balance in accumulation phase.

Approaching 1 July 2017 people may wish to structure their asset holdings to be in a position to optimise the $1.6 million transfer balance cap, especially between spouses.

It is also important to know that there is transitional capital gains tax relief for superannuation assets that are affected by any changes you might need to make by 1 July 2017 to comply with the new rules. This capital gains relief will ensure that any capital gain accumulated on affected superannuation assets will be deferred to a later time when the asset is sold.