The ATO ruling on pensions says that a SMSF pension stops when the pension member dies - meaning that any lump sum payment to a spouse will suffer capital gains tax in the fund - rather than being tax free. The simple solution is to convert the SMSF pension to an auto-reversionary pension resulting in the pension carrying on past death and saving CGT death duties. To do this easily - roll back an existing pension and recommence a new pension with an appropriate auto-reversionary. But do it before Christmas to provide cover just in case. If you need help - see Grant in our SMSF Estate Planning webinar on 6 December 2011.
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