One piece of advice, keeping your Will up to date is a smart idea before we start talking about tax issues. Not having an up-to-date Will and other important estate planning matters in order can have a devasting impact upon those who you want to be taken care of.
Superannuation
It is possible that tax will be due on a ‘superannuation death benefit’ when someone passes away. The amount of tax due will depend on a number of circumstances, such as:
- If you were a dependent of the deceased, you may be entitled to compensation.
- If the cash is received as a one-time payment or as a monthly revenue stream,
- Determine if the superfund has already paid tax, and which components are tax-free or tax-deductible.
When it comes to revenue streams, the age of the deceased when they died is important.
Depending on your super fund, you may be able to designate a designated beneficiary. This might be either binding or nonbinding. During a binding death benefit nomination, the deceased might designate one or more dependants who will be entitled to receive the superannuation proceeds. In the absence of a nomination, the trustee may make a decision on the deceased’s behalf or issue a payment to the executor to be used for distribution.
A deceased’s estate is subject to an inheritance or estate tax, which is levied against the value of the estate in most industrialised countries throughout the world. While the terms “death duties” and “death taxes” are sometimes used interchangeably in some countries throughout the World, there are significant distinctions between the two types of taxes. In particular, a “inheritance tax” is paid by a beneficiary of a deceased estate, whereas a “estate tax” is assessed on the estate during the course of probate and before bequests are dispersed. Even though Australia does not now impose either tax, a recipient should be informed of the financial ramifications that might result from inheriting property.
Inheritance Tax on a Global Scale
The amount of inheritance tax payable varies greatly depending on the succession legislation of the country in question. At 55 percent, Japan has the highest inheritance tax in the world, followed by South Korea at 50 percent, France at 45 percent, the United Kingdom at 40 percent, and the United States at 40 percent. Most countries use a sliding scale of taxation based on the value of the dead person’s estate in order to ensure some level of parity in taxation. For example, if the entire value of the assets in a US estate exceeds $11 million, the estate is only subject to 40% taxation. If an estate has a value greater than £325,000 in the United Kingdom, an inheritance tax of 40% will be imposed on such estate.
Australians were subject to both state and federal inheritance taxes until 1979. Those tax rates were progressive in nature and were computed on the whole amount of the estate of the deceased person. While a high “exemption threshold” minimised the impact on smaller estates, the taxes were particularly controversial with rural farmers and small business owners, who believed that the tax interfered with their ability to pass on their businesses to their descendants. Queensland removed inheritance taxes in the 1970s as part of an effort to encourage newcomers to the state. Soon after, the federal government followed suit and abolished inheritance taxes throughout the country. Upon a person’s death, all of his or her assets became free from direct taxation, including real estate, stocks, and cash.
Inheritance and Its Tax Implications
Each beneficiary under a will is responsible for ensuring that they pay the appropriate amount of tax on the inheritance they receive. It must be underlined that if a beneficiary’s financial situation changes as a result of an inheritance, they may be subject to regular income and capital gains taxes on the interest and capital gains received. For example, if a recipient receives a share portfolio, they are responsible for paying any relevant taxes on the earnings earned by the portfolio. In a similar vein, any additional income or capital gains resulting from the sale of any assets are subject to taxation.
Gains on capital investments
When a recipient receives income from an asset, they must pay income tax on that income, and when they sell an inherited item, they may be required to pay capital gains tax on the proceeds. Consider the following scenario: A beneficiary inherits a house and leases it out for a period of time. This revenue stream must be reported on the beneficiary’s tax return as income. It is likely that the recipient will have to pay capital gains tax if and when the asset is finally sold.
Superannuation Assets are a type of financial asset.
When a person who has made an investment in a superannuation fund passes away and has completed a Binding Death Benefit Nomination form, the proceeds of the fund are paid directly to the person who has completed the form. A beneficiary who receives the proceeds of a testator’s superannuation may be required to pay taxes on the monies received.
A surviving spouse is excused from paying tax on their deceased partner’s superannuation; however, the same exemption does not apply to non-dependents of the deceased partner. At least a portion of a superannuation death payment is likely to be taxed, based on the following factors:
- Whether or not the recipient is considered a dependant under taxes legislation;
- Whether the benefit is provided in a single lump sum or as a series of payments;
- When super is taxable or tax-free, and when the super fund has paid tax on the taxable component.
For the purposes of income streams, the age of the beneficiary and the deceased when they died are taken into consideration.
The Long-Term Prospects
There is little question that the absence of inheritance taxes in Australia has resulted in the concentration of wealth for some. There have been some proposals for the reintroduction of some type of inheritance tax, although it is doubtful that such a move will be politically successful.
Leaving a bequest is subject to a different set of restrictions and requirements depending on whether the beneficiary is an Australian resident or is legally designated as handicapped. If the testator was a foreign national who owned property in another country, the beneficiary should be informed that additional taxes may be levied against him or her.
Important for a testator and his or her beneficiaries to be aware of is not only the laws governing property inheritance, but also the tax ramifications of any bequests made in a will. Careful estate planning can reduce, if not completely eliminate, the likelihood that a recipient would be required to pay tax on their bequest.
Frequently asked questions
Upon inheriting assets, what tax duties do you have to deal with.
In spite of the fact that Australia does not formally impose an inheritance tax, recipients may nevertheless be subject to taxation if they are entitled to any income generated by the inheritance. Here are a few instances of situations in which tax duties may be applicable:
- There is a tax on capital gains. You will be subject to capital gains tax in Australia if you sell an asset that you inherited and make a profit on the transaction.
- Earnings from a rental property. If you get any rental income from stocks or real estate, you will be subject to income tax.
- The estate’s income is derived from its assets. It is possible for the estate to continue to generate money while the executor is finalising the estate. Consequently, you would be required to mention it in your tax return.
- If you have retirement savings, the beneficiary who will get the retirement savings death benefit may also be required to pay tax on the income received. This is dependent on whether or not the beneficiary is a dependant, whether the super was paid in a lump sum, and whether or not the super is tax-exempt.
Death Benefits & Super
In the event of your death, the profits of your super fund are sent to the person you have designated to receive your Super Death Benefit. It is possible that the beneficiary who receives this dividend will be required to pay taxes on the monies received. The following factors determine whether or not tax is levied on the superannuation death benefit:
- Is the beneficiary considered to be a dependent?
- Was the benefit paid as a one-time payment or as a monthly revenue stream?
- Is the retirement account taxable or tax-free?
The amount of tax you owe on an item you inherit is determined by whether or not the asset contributes to your gross income. If this is the case, two considerations will decide how much tax you will have to pay:
- What kind of profit do you expect to make from the asset?
- How long does it take for an inheritance to become effective?
Taxation on the income is based on your individual income tax rates in effect at the time of the transfer for the first three years of the transfer. Following that, the inheritance obtains a tax-free threshold, which is equivalent to the threshold for individual income tax rates. Additionally, after three years, higher tax rates are applicable.
How Can You Reduce the Amount of Tax You Pay As a Beneficiary of a Will?
Preventative medicine is always preferable to curative medicine. It is advisable to seek the assistance of a Will and Estate Lawyer who can assist you in creating adequate provisions for your estate that will help to decrease the tax burden on both yourself and your beneficiaries in the event of your death.
As a beneficiary of a will, you have little influence over whether or not the deceased seeks estate planning assistance. When you inherit benefits from an estate, there are several aspects to consider if you are seeking for strategies to reduce your tax responsibilities. This is especially true when the estate contains a substantial sum of money as well as a variety of assets. You will need to take the following factors into consideration:
- The sort of asset you inherit — stocks, cash, real estate, and gifts – is important.
- Each asset’s monetary or monetary value.
- The manner in which the asset is paid — in a lump amount or in monthly instalments.
- Your present financial condition, regardless of whether you are an employee or a business owner, and regardless of whether you utilise a trust.
- Your present financial situation – both your income and the manner in which it is obtained.
There isn’t a single remedy or piece of advice that can be offered to everyone in every situation. It is for this reason that I strongly advise you to seek the professional guidance of a Will and Estate Lawyer at Law By Dan. We can connect you to the best Will and Estate lawyers in most major cities in Australia including Sydney, Melbourne, Brisbane, Adelaide, and Perth.
