Dynoman said:Elemental said:A SMSF is itself trust. When you establish a SMSF you are setting up a trust and the trust must have a trustee. It is possible and a good idea to have a company acting as trustee of the SMSF. The company directors will be members of the fund.
Then who are the beneficaries of a corporate SMSF? Are you saying its a corporate body? I'm all for SMSF's, please don't get me wrong, but in this fashion its plainly tax avoidance & in fairness to the average punter it goes outside it's original intention to provide for individuals in their retirement. Clearly, these funds are screwing the whole system up for the average self funded retiree?
I think you are getting confused here.
To complete this process end to end, for a couple, I would establish a new company (ABC Pty Ltd). This company would actually be set up as a special purpose SMSF company (lower ASIC fees). The company itself actually doesn't trade, or do anything at all except act as the trustee for the SMSF. The two directors ABC Pty Ltd would be the couple who want to set up an SMSF. The 'beneficiaries' (really an incorrect term as companies have shareholders, not beneficiaries) so the shareholders would be the couple who want to set up the SMSF. Please note that there would never be dividends paid on these shares and there would never be any trading in this company.
Once the company is established (you actually do it at the same time) you would then establish the SMSF - call it ABC Super Fund. This invloves setting up a trust. As I said before, the trust must have a trustee (the trustee acts for the trust, and makes all the decisions on behalf of the trust and must act for the benefit of the beneficiaries of the trust - in this case, the couple setting up the SMSF). ABC Super Fund (trust) could have individuals (the aforementioned couple) act as trustee or it can have a corporate trustee (ABC Pty Ltd).
The SMSF or 'trust' acts and is taxed in the same way regardless of who is acting as trustee (individuals or the corporate trustee). There is no differnence in that regard (small disclaimer - having a corporate trustee allows greater flexibility in terms of paying lump sums, which is why I said you would usually use a corporate trustee).
Many of my clients are looking towards setting up their own SMSF and I usually say 'I'm not allowed, by law, to give that advise. All I can say is that I have an SMSF and most people I know also do. I can also advise of the best way to set this up and the costs involoved. How you invest the money in that SMSF - if you decide to go ahead - is up to you".
Cheers