trustee Archives

Director Identification Numbers – time is ticking!

16 November, 202216 November, 2022 Regulatory

Do you have an SMSF with a corporate trustee or are you a director of a company? Do you know you have to register for a director identification number (director ID) by 30 November 2022? Legislation was previously introduced resulting in new obligations for company directors requiring them to obtain a personal director identification number (‘Director ID’) before 30 November 2022. As a company director, you are required to personally apply for a Director ID. Note this also includes where you are a director of a company acting as a trustee (such as the corporate trustee of your SMSF or family trust). While our office can help you in understanding your new Director ID obligations, unfortunately we cannot make the application on your behalf (although we are happy to assist if and when required). Please see below for the registration process to follow. Once you have successfully applied for, or if you have previously obtained, your Director ID, please supply a copy to our office. How do I apply for a Director Identification Number? You can apply by calling 13 62 50 or online. To apply by calling 13 62 50: Call 13 62 50 (may be a wait time of around 5 mins) The overall process should not take more than 5 minutes, once your call is answered. You will need to have your personal TFN and ID ready. ID will need to be 1 Primary & 1 Secondary document (You will be asked for details on documents ie. Document numbers, expiry dates etc) Primary documents can be: • Australian full birth certificate (extracts and commemorative certificates are not acceptable) • Australian passport (including passports that have expired in the past two years) • Australian citizenship certificate or extract from a Register of Citizenship by Descent • ImmiCard • Visa (if you are using a foreign passport but you are still in Australia) Secondary documents can be: • Medicare card • Australian driver’s licence or learner’s permit. This must show your photo and signature, and the address on the card must match your details on the form. You will then be asked answer a couple of questions, such as; • The name of the bank where you hold an account that earned interest in the last 2 years • Your mobile phone number • The name of your Accountant This should then complete the process and you will be given your Director ID number. To apply online: There are 3 key steps to apply for your director ID online. Step 1: Set up myGovID If you do not already have a myGovID you will need to set this up before you can apply for your director ID online. You can find information on how to setup your myGovID by downloading the app at: https://www.mygovid.gov.au/set-up Step 2: Gather your documents You will need to gather some information that the ATO already knows about you to verify your identity. You will need your tax file number, your residential address held by the ATO, and information from two of the following documents: • Bank account details • ATO notice of assessment • Super account details • Dividend statement • Centrelink payment summary • PAYG payment summary Most of this information can be downloaded from your myGov account so it may be worthwhile linking to this service ahead of applying for your director ID. Note, myGovID is different to your myGov account. Your myGov account allows you to link to and access online services provided by the ATO, Centrelink, Medicare and more, while myGovID is an app that enables you to prove who you are and to log in to a range of government online services, including myGov. Step 3: Complete your application Once you have a myGovID and information to verify your identity, you are ready to apply for your director ID. You can click on the following link to start the application process. The application process is quick and should take you less than 5 minutes. https://abrs.gov.au/persons/ui/secure/start/applyForDirectorID?action=applyfordirectorid Further information about the application process, and step-by-step instructions, can be found via this link: https://www.abrs.gov.au/director-identification-number/apply-director-identification-number The information provided in this article is general in nature only and does not constitute personal financial advice.

Who gets your super?

29 September, 20216 October, 2021 Updated on6 October, 2021 Superannuation

Who decides what happens to your superannuation savings when you die? You may think that you do, but that isn’t always the case. The ultimate decision may be made by someone you don’t even know – the trustee of your superannuation fund. Let’s look at how you can have greater control. Binding death benefit nominations The most certain way to direct payment of your superannuation death benefit is by making a binding death benefit nomination. The nominated beneficiaries must be ’dependants’ – a spouse, de facto spouse, child or financial dependant – or a legal personal representative (i.e. the executor or administrator of a deceased estate.) If the nomination has been properly signed and witnessed, and is still current at the date of death, then the trustees of the superannuation fund must pay the death benefit to the nominated beneficiaries. Unlike Wills, valid binding superannuation nominations are unlikely to be overturned by a court, so they provide great certainty. It is up to the trustees of each superannuation fund to decide whether or not to allow binding nominations, so they aren’t available to everyone. Although some funds offer non-lapsing binding death benefit nominations, most are only valid for three years, so it’s important to check yours and ensure it remains up-to-date. Trustee’s discretion The trustee is under a legal obligation to pay a death benefit to the member’s dependants, and in most cases, benefits will be paid in a way that is consistent with the wishes of the deceased member. However, it is possible the trustee may recognise a wider range of dependants than the member would have liked – including a separated spouse. In some cases, the member’s preferred beneficiary may not meet the legal definition of a dependant. This may apply to parents. In the absence of any dependants and a legal personal representative, the trustee may exercise their discretion, and pay the benefit to a non-dependant. While dependants receive lump-sum death benefits tax free, the rate of tax payable by non-dependants can vary from nil to 30% depending on the components of the superannuation payment. Superannuation pensions The situation is a little different if the member has already retired and is drawing a superannuation pension. With pensions, it is common to nominate a surviving spouse as a reversionary beneficiary. This means the pension payments will continue to be paid to the nominee, either until their death, or until the funds run out. If the reversionary beneficiary dies, any remaining balance is then paid out as a lump sum death benefit according to the type of nomination they have made. Good advice required Increasing levels of wealth being held via superannuation and the nomination of beneficiaries should be made in the context of a comprehensive estate plan. This includes taking into account the way superannuation death benefits are taxed when paid to different types of beneficiaries. We can help you make the right decision. The information provided in this article is general in nature only and does not constitute personal financial advice.