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Bring-forward measure still stuck in Senate

Parliament
By mbrownlee
02 September 2020 — 1 minute read

The bill to extend the age for using the bring-forward contributions to 67 may not be passed by the Senate until the October sittings, with today the last day the Senate sits this month.

Treasury Laws Amendment (More Flexible Superannuation) Bill 2020 entered the Senate this week after first being introduced into Parliament in May this year.

Once legislated, the bill will allow eligible individuals to utilise the bring-forward rules up to age 67, currently 65, without satisfying the work test and without being treated as an excess non-concessional contribution.

The amendments to the bring-forward rule were initially intended to commence from 1 July 2020; however, the legislation has been delayed, with Parliament unable to sit on a regular basis due to COVID-19.

This placed some SMSF clients who turned 65 this year in a conundrum about whether to trigger the bring-forward rule.

BT head of financial literacy and advocacy Bryan Ashenden said while the bill hasn’t progressed quite as quickly as the industry would have liked, “much of the debate so far shows support for the bill”.

“With some luck, we may be able to bring some clarity on this important planning issue [this] week,” Mr Ashenden said.

With today the last day Parliament is sitting for the month of September, Colonial First State executive manager Craig Day said if the bill does not pass the Senate today, the next scheduled sitting for both the lower and upper houses is not until 6 October.

“So, if it doesn’t get through by 3 September, then we’re going to have to wait till at least October for these rules to be announced,” Mr Day said.

One potential issue arising from the passage of the legislation, said SuperConcepts executive manager SMSF technical and private wealth Graeme Colley, is the date of effect and whether transitional arrangements will be put in place for those who may not have been able to access the bring-forward rule.

“This would apply to anyone who was not able to make non-concessional contributions greater than the standard amount prior to reaching the age of 67 and will not meet the work test in this financial year,” Mr Colley said.

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 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: miranda.brownlee@momentummedia.com.au

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