CGT rollover relief queried on SMSFs

australian-prudential-regulation-authority/treasury/mysuper/stronger-super/ASFA/self-managed-superannuation-funds/capital-gains-tax/association-of-superannuation-funds/SMSFs/capital-gains/trustee/government/

13 June 2012
| By Staff |
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The Federal Treasury has been queried on why self-managed superannuation funds (SMSFs) merging with those regulated by the Australian Prudential Regulation Authority (APRA) will not be granted Capital Gains Tax (CGT) rollover relief.

In a submission to the Treasury on taxation relief around the implementation of the Government's Stronger Super regime, the Association of Superannuation Funds of Australia (ASFA) said it questioned the lack of relief for an SMSF merging with an APRA-regulated fund.

Further, it said it wanted confirmation that CGT rollover relief would extend to small APRA funds.

"While recognising that SMSFs are not subject to the MySuper measures, ASFA is concerned that the absence of tax relief may unnecessarily lock SMSF members into arrangements which have become inefficient or where the trustee is no longer able to properly perform their duties," the submission said.

"In particular, it would not appear to be in everyone's interests that an SMSF presently sitting on realised and unrealised capital losses (which is a very common situation) is impeded from winding up and transferring to a larger fund whilst their trustee awaits better market conditions so as to first recoup these losses solely due to the absence of rollover relief," the ASFA submission said.

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