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A family trust strategy to deal with the $3m super tax

The first hurdle is that to both access your fund and withdraw lump sums, you must satisfy a condition that allows this – either retiring or turning 65.

John Wasiliev
John WasilievColumnist

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Q: I’m 62, work full-time and have a self-managed super fund with substantially more than $3 million in a portfolio heavily weighted towards growth assets, mainly ASX stocks. I intend to consider retirement or going part-time in about June 2026.

I’m considering transferring “in-specie” most of the growth assets from my SMSF into my personal name (bringing my SMSF balance down to about $3 million) and then contributing those personal assets into my family discretionary trust. Can I do the SMSF strategy without it being it a capital gains tax (CGT) event? I am hoping the question is yes.

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John Wasiliev is a veteran SMSF specialist and has provided answers to readers' questions on superannuation for decades. Have a super question you'd like answered? Email John at superquestions@afr.com

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    Original URL: https://www.afr.com/wealth/personal-finance/a-family-trust-strategy-to-deal-with-the-3m-super-tax-20231003-p5e9ff