Understanding the intricacies of financial planning, especially in the context of superannuation and tax, is crucial when it comes to securing your legacy and ensuring that your loved ones are taken care of after your passing. In this article, we will delve into the multifaceted definition of ‘dependant’ for both superannuation and tax purposes, shedding light on the implications this distinction has for estate planning.
Superannuation Benefits and Dependents
When it comes to superannuation benefits, the term ‘dependant’ takes on a broader meaning. In essence, superannuation benefits can only be paid directly to individuals who meet specific criteria as ‘dependants’ for superannuation purposes. These criteria include:
- Spouse: This includes both legal and de facto spouses.
- Children: Irrespective of their age, all children of the deceased are considered dependants.
- Interdependency Relationship: A person in an ‘interdependency relationship’ with the deceased also qualifies as a dependant under superannuation regulations.
- Financial Dependence: Anyone who was financially dependent on the deceased is categorized as a dependant.
Taxation and Dependents
However, the definition of ‘dependant’ shifts when it comes to taxation purposes. For tax considerations, a ‘dependant’ (often referred to as a ‘death benefits dependant’) of the deceased comprises a more limited group:
- Spouse or Former Spouse: This category includes legal and de facto spouses, as well as former spouses.
- Children Under 18: Only children under the age of 18 are recognized as dependants for tax purposes.
Key Implications
- Former Spouses: For estate planning and the distribution of super death benefits, it’s important to note that superannuation benefits generally cannot be paid directly to a former spouse since they do not qualify as dependants for superannuation purposes.
- Age of Children: While children of any age are considered dependants for superannuation purposes, only those under the age of 18 are considered dependants for tax purposes. This means that, even though a child of any age may receive super death benefits directly, these benefits will generally only be tax-free if the child is under 18.
Understanding the distinct definitions of ‘dependant’ for superannuation and tax purposes is pivotal for effective estate planning. Whether you’re looking to secure your legacy or navigate the complexities of superannuation and taxation, it’s advisable to seek professional guidance. If you’re contemplating estate planning with your superannuation, don’t hesitate to reach out to our office. We are here to provide you with expert advice and help you make informed decisions to safeguard your financial future and the well-being of your loved ones.
