Giving your family part of their inheritance early to help them
buy a home, start a business or pay for education is popular among
many parents and grandparents but if you're doing it to qualify for
the age pension, then you could be in for a shock.
Michael Hutton, an accountant with HLB Mann Judd, says that your
generosity will not go unnoticed by Centrelink. "The rules on
bequests and qualification for people on the age pension are quite
clear," he warns.
Not only could you fail to qualify for the pension, you might
also deprive yourself of valuable retirement income.
"It's a pretty gutsy call [to give away assets] and ask your
kids to support you in retirement," Hutton says.
A RetireInvest financial planner, Rod Dunn, says he still comes
across people who have given away $50,000 in an attempt to qualify
for the pension without having first checked the rules that apply
to gifting.
Under the deprivation provisions of the Social Security Act,
singles and couples can gift up to $10,000 in cash or assets each
financial year, up to a limit of $30,000 in any five-year period,
to effectively reduce their asset base.
The good news is that the asset limits that determine
eligibility for the pension were increased from July 1.
Single home owners can now hold assets, excluding the family
home, of up to $171,750 and still be entitled to a full age pension
or up to $540,250 for a part pension. Non-home owners can have
assets of up to $296,250 for the full pension or $664,750 for a
part pension.
For couples, the asset limits are $243,500 for a full pension
($856,500 for a part pension) for home owners and $368,000
($981,000) for non-home owners. The pension reduces by $1.50 for
every $1000 above these limits.
The deprivation provisions are so-called because gifting is seen
as depriving yourself of assets or the income they provide. Any
gifts above the limits are assessed as if they were invested for
five years at relevant deeming rates. At present, deeming rates of
interest are 4 per cent for the first $39,400 of total financial
investments held by a single pensioner and the first $65,400 held
by couples. For investments above these amounts the rate is 6 per
cent.
The five-year limit also applies to the period before you
receive the pension. This is to discourage people from disposing of
assets before they retire, so they can scrape in under the social
security assets test and qualify for a part pension and other
social security benefits.
Dunn says a person who is $10,000 to $20,000 over the assets
limit has a few tools at their disposal. They can gift assets,
renovate their home, take a trip overseas or put money into a
funeral bond.
"You can put $10,250 into a funeral bond and it's exempt from
the assets test. A couple can purchase two individually owned
funeral bonds of up to $10,250 each. However, if the funeral bond
is owned jointly by a couple, they will be restricted to
$10,250.
"If you're $50,000 or $80,000 over the [assets] threshold, then
you pretty much have to bide your time until you progressively
exhaust your resources, then apply for the pension," Dunn says.
Of course, if you're wealthy and not in need of the age pension,
then you can give away as much as you like with impunity. Donations
to charity are also considered gifts and subject to the same annual
limits. But if you are not concerned about outliving your capital
and you make sizeable annual income tax payments, Hutton says
making charitable donations during your lifetime can generate
significant tax deductions that would be lost with donations left
in a will.
Anyone considering gifting substantial amounts of cash or assets
to gain access to a modest fortnightly pension should take into
account the time it will take them to recoup the money they give
away. What's more, in order to earn a little extra a fortnight, you
would forgo potential investment income on your assets.
Under the income test, singles can earn $138 a fortnight before
their pension is reduced by 40c in every dollar earned, while a
couple can earn $240 a fortnight before they each lose 20c in the
dollar.
Hutton says there's a lot of confusion among parents and
grandparents in retirement about social security and the tax
implications of gifting.
One common myth is that you can transfer ownership of a holiday
home or other property to a child for nothing or a nominal sum and
avoid paying capital gains tax and stamp duty on the
transaction.
"There's nothing to stop you transferring an asset to your
children for a nominal sum but in these circumstances stamp duty
and capital gains tax are payable on the market value of the
asset," Hutton says.
These days super is a major asset for many retirees but Hutton
says that after the recent drop in super balances, more people may
find they are entitled to the age pension after all.
"It could be worthwhile for self-funded retirees to check the
impact of equity and property market losses on their investable
assets, as they may now qualify for a small pension which brings a
number of other attractive benefits, such as health-care support
and reduced rates," he says.