SMSFs and Asset Protection

Television Education Network’s 3rd Annual Asset Protection Conference

Gold Coast 15 and 16 October 2015.

When most people think of self managed superannuation funds (SMSFs) they mostly think of
a vehicle to provide retirement benefits and their concessional tax treatment. In contrast, the
asset protection benefit provided by SMSFs is often not considered.

In relation to asset protection and SMSFs there is broadly three types of asset protection
considerations. Those are creditor risks, family law risks and death benefit challenge risks.
This paper will deal with creditor risks. Therefore, all references to asset protection in this
paper will be confined to asset protection as it relates to creditors.

Creditor asset protection in relation to SMSFs has 2 parts, protecting a member’s
benefits/interest in the SMSF from the member’s creditors and protecting the assets of the
SMSF against the SMSF’s creditors. This paper will examine both of those parts. In addition,
this paper will examine the consequences for an SMSF where a member becomes bankrupt.
Although I relied on a number of sources for this paper I would like, in particular, to
acknowledge the papers of Denis Barlin, Superannuation and Asset Protection and David
Foulds, Superannuation and Bankruptcy.

Download the Full paper to continue reading: SMSFs and Asset Protection