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Providing strategic advice on expansion structures November 16, 2018

Founded in Bondi Beach in 2012, Bailey Nelson has rapidly grown into a global eyewear retailer and service provider with boutiques in Australia, London, Canada and New Zealand. The strong demand for their products and … Continued

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Maddocks and Osborne Clarke advise on toy company acquisition November 26, 2018

Monday 26 November 2018 Law firms Maddocks and Osborne Clarke have advised global toy company Moose Toys on its acquisition of UK toy company Worlds Apart. Under the deal, Moose Toys acquired all of Worlds … Continued

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Amended Security of Payment Laws passed in NSW – Overcoming the ‘Southern Han Effect’ and more December 3, 2018

Further to his recent paper about the The Murray Review of Security of Payment Laws , Mathew Stulic has prepared a follow-on piece about the Amended Security of Payment Laws Passed in NSW. This thought leadership piece … Continued

SMSFs to report Transfer Balance Account events from 1 July 2018

From 1 July 2018, as a result of the 2017 super reforms, the trustee(s) of a self-managed super fund (SMSF) must lodge with the Australian Tax Office (ATO) a Transfer Balance Account Report (TBAR) where a transfer balance account event occurs in respect of a member. The ATO uses this information to record and track a member’s transfer balance account and total superannuation balance.

What is reportable?

A member’s ‘transfer balance account’[1] must be reported in a range of circumstances, including but not limited to the following:

  • where a pre-existing super income stream continues to be paid to a member on or after 1 July 2017, and is in retirement phase on or after 1 July 2017
  • where, after 1 July 2017:
    • a member commences a retirement phase income stream
    • a member commutes a retirement phase income stream
    • a member’s pension is commuted to comply with a commutation authority issued by the Commissioner of Taxation.

Although the SMSF trustee is not required to lodge a TBAR until after 1 July 2018, the trustee must ensure that events affecting a member’s transfer balance account – which occur between 1 July 2017 and 30 June 2018 – are also reported in the TBAR at the time the SMSF’s first TBAR is due.

How to report

To lodge a TBAR, a separate form must be lodged in respect of each member and must be in the form prescribed by the ATO. An online form is available to SMSF trustees on the ATO’s website here.

Reporting timeframes

Generally, the deadline by which the TBAR must be lodged depends on the ‘total superannuation balance’[2] of a fund’s members:

  • if all members of the SMSF have a total superannuation balance of less than $1million – the fund must report the event no later than when its annual return is due
  • if any member has a total superannuation balance of $1million or more – the fund must report the event within 28 days after the end of the quarter in which the event occurs.

If a commutation is effected as the result of:

  • a commutation authority – the TBAR must be lodged no later than 60 days after the issue of the commutation authority
  • an excess transfer balance determination – the TBAR must be lodged within 10 business days after the end of the month in which the commutation occurred.

An SMSF may report events earlier than the above timeframes and the ATO encourages this in order to avoid the issue of an excess transfer balance determination, where the member would otherwise be on record as having exceeded their transfer balance cap.

Failing to report within timeframe

Where the SMSF trustee fails to report the transfer balance account event within the required timeframe, a member’s transfer balance account may be affected and the member penalised and subject to compliance action.

More information from Maddocks

For more information, contact Maddocks on (03) 9258 3555 and ask to speak to a member of the Commercial team.

Author
Melissa Ramov | Associate
T +61 3 9258 3746
E melissa.ramov@maddocks.com.au

[1] The ‘transfer balance account’ is a combined account which records the member’s balances across all super funds which fund or are to fund pensions to a member. The transfer balance is constituted by the total amount of assets which have been transferred into all such super accounts.

[2] The ‘total superannuation balance’ is the combined value of the member’s account balances which are held in accumulation accounts and pension accounts.

From 1 July 2018, as a result of the 2017 super reforms, the trustee(s) of a self-managed super fund (SMSF) must lodge with the Australian Tax Office (ATO) a Transfer Balance Account Report (TBAR) where a transfer balance account event occurs in respect of a member. The ATO uses this information to record and track a member’s transfer balance account and total superannuation balance.

What is reportable?

A member’s ‘transfer balance account’[1] must be reported in a range of circumstances, including but not limited to the following:

  • where a pre-existing super income stream continues to be paid to a member on or after 1 July 2017, and is in retirement phase on or after 1 July 2017
  • where, after 1 July 2017:
    • a member commences a retirement phase income stream
    • a member commutes a retirement phase income stream
    • a member’s pension is commuted to comply with a commutation authority issued by the Commissioner of Taxation.

Although the SMSF trustee is not required to lodge a TBAR until after 1 July 2018, the trustee must ensure that events affecting a member’s transfer balance account – which occur between 1 July 2017 and 30 June 2018 – are also reported in the TBAR at the time the SMSF’s first TBAR is due.

How to report

To lodge a TBAR, a separate form must be lodged in respect of each member and must be in the form prescribed by the ATO. An online form is available to SMSF trustees on the ATO’s website here.

Reporting timeframes

Generally, the deadline by which the TBAR must be lodged depends on the ‘total superannuation balance’[2] of a fund’s members:

  • if all members of the SMSF have a total superannuation balance of less than $1million – the fund must report the event no later than when its annual return is due
  • if any member has a total superannuation balance of $1million or more – the fund must report the event within 28 days after the end of the quarter in which the event occurs.

If a commutation is effected as the result of:

  • a commutation authority – the TBAR must be lodged no later than 60 days after the issue of the commutation authority
  • an excess transfer balance determination – the TBAR must be lodged within 10 business days after the end of the month in which the commutation occurred.

An SMSF may report events earlier than the above timeframes and the ATO encourages this in order to avoid the issue of an excess transfer balance determination, where the member would otherwise be on record as having exceeded their transfer balance cap.

Failing to report within timeframe

Where the SMSF trustee fails to report the transfer balance account event within the required timeframe, a member’s transfer balance account may be affected and the member penalised and subject to compliance action.

More information from Maddocks

For more information, contact Maddocks on (03) 9258 3555 and ask to speak to a member of the Commercial team.

Author
Melissa Ramov | Associate
T +61 3 9258 3746
E melissa.ramov@maddocks.com.au

[1] The ‘transfer balance account’ is a combined account which records the member’s balances across all super funds which fund or are to fund pensions to a member. The transfer balance is constituted by the total amount of assets which have been transferred into all such super accounts.

[2] The ‘total superannuation balance’ is the combined value of the member’s account balances which are held in accumulation accounts and pension accounts.