subscribe to our newsletter

ATO eases position on second SMSF strategies

coins pens 384
Miranda Brownlee
02 November 2017 — 1 minute read

Recent remarks from the ATO suggest that establishing a second SMSF to separate pension and accumulation assets may actually be allowed, according to a technical expert.

SuperConcepts general manager of technical services and education Peter Burgess said one of the strategies that has been on the ATO’s watchlist is setting up a second SMSF.

“The ATO made some statements earlier this year about situations where clients may set up a second SMSF to circumvent the rules,” Mr Burgess told delegates at the SMSF Summit in Sydney.


“Now, I’ve got to say that we may have misinterpreted the ATO view, and based on some of the recent comments coming out of the ATO, I’m not so sure they’ve got an issue with people setting up a second SMSF, even if people are doing it to separate their pension assets from their accumulation assets.” 

What they do have an issue with, he explained, is what happens next with the second SMSF.

“What they’ve always said is that where a second SMSF is being created, it’s a potential pre-cursor to behaviour they don’t like,” he said.

“If they start to see assets being moved between those funds then you can expect to see some problems from the ATO.” 

Given that moving money from one fund to another fund will be a CGT event anyway, Mr Burgess said there would only be limited situations where a client could obtain a tax benefit by moving assets between funds.

“I’m not sure this is such a big issue and we may in fact be jumping at shadows here,” he said.

“I don’t think they’ve got a problem with people setting up a second fund to separate pension assets from accumulation assets – they’re worried about what happens next.

“They will hopefully be making some further statements before the end of the year so that we have some clarity as to when your SMSF client can set up a second SMSF,” added Mr Burgess.




Miranda Brownlee

Miranda Brownlee


Miranda Brownlee is the deputy editor of SMSF Adviser, which is the leading source of news, strategy and educational content for professionals working in the SMSF sector.

Since joining the team in 2014, Miranda has been responsible for breaking some of the biggest superannuation stories in Australia, and has reported extensively on technical strategy and legislative updates. Miranda has also directed SMSF Adviser's print publication for several years. 

Miranda also has broad business and financial services reporting experience, having written for titles including Investor Daily, ifa and Accountants Daily.

You can email Miranda on: This email address is being protected from spambots. You need JavaScript enabled to view it.

ATO eases position on second SMSF strategies
coins pens 384
smsfadviser logo
join the discussion

Latest poll

Do your clients plan to add additional members to their SMSF if the new six member limit is passed as law?


Get the latest news and opinions delivered to your inbox each morning

Website Notifications

Get notifications in real-time for staying up to date with content that matters to you.