Superannuation (SMSF)

Self-managed superannuation funds have in recent times become very popular vehicles for holding and accumulating retirement savings because they allow people to control their own investments. AMS Law have specialist superannuation lawyers with extensive experience in all aspects of superannuation law and regulation who guide, advise and assist clients in the establishment and operation of self-managed superannuation funds. Specifically, our lawyers advise on compliance obligations including trustee obligations, borrowings, submissions to the superannuation complaints tribunal, the distribution of superannuation fund assets on death of a member, taxation obligations and the acquisition, holding and sale of assets.

Self-Managed Superannuation Funds (SMSF) can borrow to purchase property but when buying property through an SMSF some very important aspects of the law need to be observed and AMS lawyers will ensure that Trustees do not breach their obligations under the superannuation legislation by setting up appropriate structures to purchase and borrow through SMSFs and to undertake the actual purchase of the property.

Our lawyers will ensure that an appropriate SMSF trust deed and a bare trust deed are utilised and are compliant with the Superannuation Industry (Supervision) Act 1993 (Cth), the Corporations Act 2001 (Cth), the Taxation Administration Act 1953 (Cth), the relevant state or Territory Trust Act as well as other statutes.

Our lawyers will also ensurethat the requirements of your bank or financial institution are met.

Once an SMSF fund is established, the trustee has numerous duties which arise under the general trust law as well as the Funds Trust Deed or governing rules and the abovementioned statutes. Naturally, our lawyers can provide ongoing specialist advice in the management of the SMSF.

If you are considering the establishment of an SMSF we would welcome your enquiry.