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super fund with no hardship clause


paddygunner

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hi everyone

i wish to transfer an Irish pension to Aus super fund

 

irish legislation dictates pensions can only transfer to a fund with no early release clauses similar to hardship release in most super funds

does asnyone know a super fund without such a release clause or have experience of transfering irish pension

 

also is it worthwhile setting up a smsf - trasfering approx €100k

 

thanks in advance

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If drawing it down in Oz you can draw it down tax free, not the case in Ireland you are taxed at your nominal rate on drawdown. That could be one good reason to move it....Im sure there are other reasons also

Might be worth waiting a little longer depending on exchange rates. Might be in the same situation soon :biggrin:

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hi everyone

i wish to transfer an Irish pension to Aus super fund

 

irish legislation dictates pensions can only transfer to a fund with no early release clauses similar to hardship release in most super funds

does asnyone know a super fund without such a release clause or have experience of transfering irish pension

 

also is it worthwhile setting up a smsf - trasfering approx €100k

 

thanks in advance

 

 

 

Hi

 

I assume you are referring to http://www.ato.gov.au/Individuals/Dealing-with-disasters/In-detail/Super/Conditions-of-release-to-access-your-super-before-retirement/

 

These conditions of release are set out by the ATO and I understand would be in place for all Superannuation Funds.

 

Your Irish Pension provider has clearly done their homework, we have had a similar case with a client although I understand some people have managed a transfer, I suspect the administrator of the Irish pension in these circumstances did not look too closely into the Australian condition of release clauses.

 

You mention setting up an SMSF, generally SMSFs are for sophisticated investors or investors with very large balances that wish to take more control over their investments and/or cannot access the investments they want to within Indusrty/Retail Superannuation Funds or Wraps.

 

There are lot of complexities involved when dealing with SMSFs and also responsibilities in running an SMSF and professional advice should be sought to understand whether it may be an appropriate strategy.

 

However something that may be worth having a look into and discussing with an Australian SMSF Lawyer is, would you as the Trustee of your own SMSF (if you were to set one up) be able to leave out of the trust deed for purposes of conditions of release the ability to access monies under certain conditions i.e financial hardship (I am not sure whether this would be allowable)?

 

 

Regards

 

Andy

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