How to leave a financial legacy in a tax-effective manner
The taxman needn’t be the biggest beneficiary of your financial legacy – so long as your plans are properly enacted while you still walk the earth. While Australia doesn’t have an inheritance tax per se, there are a range of other tax implications and inheritance rules to consider – which may determine how, and even if, you leave a financial legacy for your loved ones.
Where there’s a will
In 2015, it was estimated that just over half of Australians (59 per cent) have a will. I’d wager a good chunk of those are outdated too – not reflecting separations, remarriage or additions to the family. Most people without a will aren’t choosing to avoid one, but apathy about the need for one has set in. It is difficult to leave a financial legacy – other than confusion and conflict – if you don’t have a current will in place upon your death. Not only does it outline your wishes as to who gets what, it forces you to consider how each asset will be passed down and minimise the taxes and other costs your beneficiaries will inherit.
Remember too that your beneficiary may be subject to Capital Gains Tax (CGT) on assets they sell. For example, if you leave someone a rental property, they will likely have to pay CGT when they sell it for the time you owned it – even if they made it their primary residence. That could come as a nasty shock to them.
Nothing and no one is equal
Not all assets are treated equally; neither are all beneficiaries. For instance, certain entities are governed separately from your will. Superannuation is perhaps the main one, but so too are trusts and companies. Hence you should nominate beneficiaries of these entities to ensure they pass on to your intended recipients. Otherwise, they may be subject to a forced sale – wiping out your legacy. Keep them updated too – otherwise your ex could get an unintended windfall.
For jointly owned properties, whether you are tenants in common or joint tenants will determine whether they have automatic right of survivorship. A superannuation death benefit may or may not be taxable, depending on various factors at the time of your death. And if you leave an asset to charity that is subject to CGT, it is your estate – not the charity – which bears the tax burden. So, you may want to leave extra cash in your estate to cover this.
Keeping assets in the family
A financial legacy usually involves family and passing assets down through generations. How these assets are structured often dictates the ease and cost of doing so. As superannuation is treated outside of a will, it can be great for distributing money within a blended family to ensure everyone is provided for. Self-managed super funds (SMSFs) can include multiple generations but may add complexity when someone retires and begins drawing down super before others do. Or if the asset is illiquid.
Conversely, family trusts can offer more flexibility for family-owned assets than super but may not provide the same tax benefits. Also consider how any children or grandchildren under 18 are provided for – and who oversees their inheritance until they turn 18. Testamentary Discretionary Trusts (TDTs) can be useful, taxing assets at the adult rate instead of the higher child tax rate.
Good business
Ownership structures and new management can affect the profitability and even viability of a business as a going concern, as well as its goodwill among customers, staff, and suppliers. Family businesses should have a plan for who will assume operational control, and whether each director will inherit an equal share. For business partnerships, consider buy/sell agreements to manage insurance policies and ownerships to surviving business partners and your spouse or children.
Meanwhile, examine financial and tax implications too. Outstanding director loans to you can affect the tax status of both the business and your personal estate. And commercial transactions may attract transfer duties or stamp duty.
Helen Baker is a licensed Australian financial adviser and author of the new book, On Your Own Two Feet: The Essential Guide to Financial Independence for all Women (Ventura Press,
$32.99). Helen is among the 1% of financial planners who hold a master’s degree in the field. Proceeds from book sales are donated to charities supporting disadvantaged women and children. Find out more at www.onyourowntwofeet.com.au
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