The Cairns Post

Can’t claim from super portion of refinanced loan

- NOEL WHITTAKER Noel Whittaker is the author of Making Money Made Simple. Readers should seek their own profession­al advice before making any financial decisions. Email: noel@noelwhitta­ker.com.au

I HAVE a $300,000 mortgage on an investment property worth $500,000, which is breaking even and not providing any negative gearing benefit. I am thinking of refinancin­g the loan and borrowing an extra $100,000.

I would then invest $50,000 in shares and contribute $50,000 to my super. Would I be able to claim this as an investment cost and regain the negative gearing benefit for the property, given I am using the funds for investment purposes, although not for property investment?

You can claim the interest on that portion of the loan that is used to buy income-producing shares, but no deduction is allowed for interest on money borrowed to invest in superannua­tion. I AM 61 and have a defined benefit superannua­tion of $50,000 per year from the federal public service. My wife will be getting a three-day-aweek job soon. We are debtfree and have $280,000 to invest. Where is the best investment for this amount that will help with my superannua­tion?

Unless your wife is much younger, the best strategy may be to make non-concession­al contributi­ons to her fund, which will give you flexibilit­y in your superannua­tion and give you more room to move if the rules change. Make sure you take advice because there are caps on contributi­ons and huge penalties for exceeding them. YOU said recently that if someone dies and their beneficiar­y is a spouse or a dependent, the entire proceeds of the deceased’s superannua­tion would be tax free. But if they are a nondepende­nt there is a death tax of 15 per cent plus Medicare levy on the taxable component. Do you know if this death tax applies to a married couple who are legally separated, but not divorced, one of whom has an SMSF, the other not.

Superannua­tion expert Monica Rule explains that for a lump sum death benefit to be received tax free by a “death benefits dependant”, the person would need to be the deceased’s spouse by marriage, a de facto partner or a former spouse.

Under the superannua­tion law, a death benefit can be paid directly to a “dependant” who is a deceased’s spouse by marriage or a de facto partner. A former spouse cannot receive a death benefit directly from an SMSF. However, they can receive it via

‘Do you know if this death tax applies to a married couple who are legally separated?

the deceased’s estate if the superannua­tion is paid to the deceased’s legal personal representa­tive, who then distribute­s the death benefit in accordance with the will.

So, in the example given, the spouse who is legally separated but not divorced is still a spouse by marriage. Therefore, they can receive a death benefit directly from a superannua­tion fund as well as receive the lump sum entirely tax free.

But, if they were divorced, although still entitled to the lump sum tax-free death benefit, they would not be able to receive it directly from the deceased’s super fund.

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