Expenses in a SMSF
A SMSF will have to pay certain expenses to keep on running the Fund for the purpose of providing for the Members’ retirement benefit. Normal operating expenses will be a tax deduction in the SMSF, but remember Trustees can’t be remunerated for their services as Trustees.
An expense that has a ‘private element’ in it cannot be claimed as tax deductible expense, for example if a computer was bought and used both for private and SMSF use, the expense can’t be claimed. You cannot apportion it because the SMSF is not a ‘business’.
Also remember where a Member is in pension mode the portion of the expense towards earning this ‘exempt income’ is not deductible. The apportionment formula is defined in the ruling. When at least one member of a SMSF has an account in the accumulation (tax paying) phase, its important for SMSF trustees to be aware of which expenses of the fund are tax deductible, and which are not.
The General Principle
An expense incurred by the SMSF which is not of a capital, private or domestic nature, is will be tax deductible to the extent that it has the essential character of an outgoing incurred in gaining or producing assessable income.
Taxation Ruling on Specific SMSF Expenditure
The ATO issued a taxation ruling TR 93/17 setting out a list of expenses that are tax deductible to a SMSF, as follows:
- actuarial costs;
- accountancy fees;
- audit fees;
- costs of complying with Government regulations;
- costs in connection with the calculation and payment of benefits to Members (but not the cost of the benefit itself);
- investment adviser fees and costs in providing pre-retirement services to members;
- other administrative costs incurred in managing the Fund;
- the SMSF’s annual lodgement fee, however a late lodgement penalty is not deductible;
- legal expenses, although this usually depends on whether the expenses are of a capital or revenue nature;
Other expenses in a SMSF can include:
- life insurance premiums;
- total and permanent disability insurance premiums;
- partial deduction for total and permanent disability premiums;
- investment research subscriptions; and
- costs for amending a trust deed are deductible if the amendments are needed due to changes in Government regulations, and are made to ensure that the fund’s day to day operations continue to satisfy its compliance obligations.
What is not deductible?
- upfront fees incurred in investing money are of a capital nature and are not deductible;
- costs attributable to the earnings of assets backing tax exempt income streams (see below for the note on apportionment).
Apportionment
Expenses incurred in gaining or producing exempt income only (pension income) is not deductible. If the SMSF has accumulation and a pension account within the SMSF, expenses incurred partly in producing assessable income and partly in gaining exempt income must be apportioned.