Not all SMSF deeds are created equal – which is why if you try searching by yourself on the internet you will find numerous providers with a range of prices. So what is the best SMSF trust deed you should get for your SMSF?
Why is an SMSF trust deed so important?
You need to select a trust deed that enables you to maximise the potential a SMSF can offer when it comes to building your wealth while protecting you and your family at the same time. Your SMSF deed is probably the most important document in your arsenal when you are trying to build wealth, save tax and protect your assets.
Many SMSF trustees and their advisers are guilty about approaching what you can and can’t do with your SMSF the wrong way. It is simply not a case of checking whether it is OK under the relevant superannuation and taxation laws. You need to ensure that your trust deed allows it – if it is not contained in the rules of the fund then you can’t do it.
Even more importantly, if you do something that is contrary to a rule contained in your SMSF trust deed, then you have also breached the the superannuation laws.
Take advantage of unique SMSF strategies
Enough of the scare tactics. Let’s talk strategy. If you do not have a good quality and up to date trust deed, you will not be able to take advantage to some of the fantastic strategies that are exclusive available to SMSFs such as:
- Investment flexibility
- Ability to borrow to purchase property or other assets
- Estate planning flexibility and control
- All types pensions
- Acceptance of ATO co-contributions
- Flexible voting power
- Choice of trustee
- Acceptance of UK pension transfer (if over age 55)
Best SMSF trust deed providers
I can’t name one specific SMSF document provider that is the best. Most SMSF deeds are fit for purpose.
However, some are of higher quality than others.
Deeds I am more than happy to utilise with my clients are:
- Now Infinity (deeds prepared by Mosiac Legal)
- TopDpcs
- Heffron
- Cooper Grace Ward (CGW)
- DBA
- LightYear Docs
They key thing with all the above SMSF deed providers is that they’re SMSF specialists. They live, eat and breathe SMSF. They understand the myriad of superannuation and tax laws and regularly update their deeds to ensure the latest SMSF strategies can be used and that the deed is fit for purpose.
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2 comments
Kris_Evolved
October 23, 2010 at 3:07 am
Just a quick update to let you know that I have updated my resource page to include the following two forms:
1. SMSF Trust Deed Upgrade and New Trustee Company Form http://bit.ly/c5AFIt
2. New SMSF Set Up Form – Including Special Purpose Trustee Company http://bit.ly/9yBljb
So if you are thinking about setting up and new SMSF, or have an existing SMSF which needs updating due to the huge about of changes to super over the last few years, download the form you need to start taking advantage of all the great strategies and opportunities that are available!
Any questions please feel free to comment or contact me.
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