SMSF members are required to withdraw a minimum pension from their pension account each year. If the minimum pension is not paid, the fund may lose the tax exemption on pension income for that account.
In practice, many members withdraw more than the minimum, sometimes by a significant amount. How these excess payments are treated can have important tax outcomes and transfer balance cap implications. Understanding pension commutations and planning withdrawals correctly can help SMSF members preserve tax benefits and maintain flexibility for the future.
Since the introduction of the transfer balance cap, many SMSF members operate multiple accounts within their fund, including one or more pension accounts and an accumulation account. Amounts that cannot be moved into pension phase remain in accumulation.
Many members choose to take extra withdrawals from their accumulation account first. This is because earnings in accumulation are taxable, while earnings in pension phase are generally tax free. Preserving pension balances helps maximise exempt current pension income (ECPI).
A pension commutation occurs when a member converts part or all of their future pension payments into a lump sum. Unlike a normal pension payment, a commutation creates a debit in the member’s transfer balance account, effectively restoring some of their available transfer balance cap.
This restored cap space can be valuable later and should not be overlooked, even by members who believe they will not make further superannuation contributions.
Pension commutations provide important flexibility in several common situations. Members who later make a downsizer contribution after selling their home may be able to move more money back into pension phase. Similarly, when inheriting superannuation from a spouse, having available transfer balance cap space may allow more of the benefit to remain in super as a pension rather than being forced out as a lump sum.
Commutations are also essential when a member wishes to receive a payment in specie, meaning assets are transferred from the SMSF instead of cash. Only commutations, not normal pension payments, can be paid in this way.
The treatment of SMSF payments must be decided before the payment is made. Payments cannot be retrospectively reclassified after the end of the financial year. A payment will only be treated as a commutation if the member specifically requests it and the trustee agrees in advance.
A common strategy is to document upfront that payments will first be treated as pension payments until the minimum requirement is met, with any excess treated as commutations from a nominated pension. While the exact amounts may not be known at the start of the year, the method of treatment can be clearly documented.
Pension commutations play a critical role in managing SMSF pension withdrawals. With proper planning and annual documentation, SMSF members can protect tax-free earnings, manage their transfer balance cap, and retain valuable flexibility for future contributions and estate planning.
If you have any questions, please do not hesitate to contact us on 03 9557 4079 or via our online contact form.