Unlike other assets, your Will does not regulate whom your superannuation and insurance assets go to in the event of your death
When making a super benefit nomination, you need to take into consideration the beneficiaries and any tax implications (see below) that may apply. A nomination can only be made to a ‘dependant’ (under SIS Act). For the purposes of superannuation law a dependant includes:
- your spouse (de facto, opposite, same-sex)
- your children (biological, step, adopted)
- any person who is financially dependant on you
- any person whom you are in an interdependent relationship with
- a legal personal representative
Binding v Non-Binding
- Binding: A written notice giving you the certainty that your super proceeds will be paid in accordance with your wishes to your nominated beneficiary/ies
- Non-Binding: A written notice of you indicating to the trustee whom you would like to receive your super proceeds, more like a guide provided to your fund that they take into consideration when it comes to deciding who the benefit will go too. The trustee of your super fund may not follow your non-binding nomination if they feel there is a more appropriate beneficiary/ies.
Note: Some super funds allow you the choice of having a lapsing (renewed every 3 years) and non-lapsing nomination (permanent unless you change).
For a Binding Death Nomination (on your relevant super providers form) to be valid the nomination must:
- ensure you complete all personal details (correct and up to date)
- ensure you include your member number
- made to the trustee in writing clearly setting out the proportion of benefit to each nominated person
- signed and dated by you in the presence of two witnesses (has to be 18 and over and not a nominated beneficiary)
- sent to your super provider (not valid until received by the trustee)
Once you have made your nomination, it is valid for a period of three years from the date of signing or if non-lapsing permanently unless you make any changes.
Tax Implications
Dependant for Super (SIS Act) and Tax Purposes
As per the SIS Act, a tax dependant holds the same meaning as discussed above. The difference between the two is in relation to the payment and tax treatment of superannuation death benefits for each of the following:
- eligibility to receive proceeds directly from super fund (subject to funds governing rules)
- eligibility to receive proceeds in the form of an income stream (pension) (subject to funds governing rules) (note: only tax law dependants can be paid either as a lump sum or income stream, non-dependants can only be paid in the form of a lump sum)
- death benefit payment tax concessions
Two Key difference between the two Act’s
- A Tax dependant does not include an adult child (age 18 & over), whereby SIS Act does unless you are in an interdependent relationship with adult child
- A Tax dependant does include that of a former spouse, where SIS Act does not
Note: Tax law provides that if the deceased died in the line of duty as either a member of the defence force or a police officer, beneficiaries of a super death benefit who are not taxed dependents will be treated as tax dependents.
“The right payment to the right person at the right time in the right way”
Speak to a professional or contact our office if you would like some assistance with ensuring your wishes are followed and proceeds go to your nominated beneficiaries in a tax-effective way (where applicable).