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Are there any major pros and cons of having a corporate trustee or individuals?
In most situations it will be better for an SMSF to have a corporate trustee, rather than individual trustees. The major disadvantage of a corporate trustee is the up-front cost of establishing the company. However, there are longer-term benefits of having a company which generally outweigh the extra costs.
The following table looks at the advantages and disadvantages of a corporate trustee over an individual trustee:
| CORPORATE TRUSTEE | .......... | INDIVIDUAL TRUSTEES |
|---|---|---|
| Sole member SMSF | Sole member SMSF | |
| You can have an SMSF where one individual is both the sole member and the sole director. | A sole member SMSF must have two individual trustees. | |
| Continuous succession | Ceases upon death | |
| A company has an indefinite life span; in other words, it cannot die. Therefore, a corporate trustee can make control of a SMSF more certain in the circumstances of the death or incapacity of a member. | If the SMSF has individual trustees, eg, a mum and dad SMSF, then timely action must be taken on the death of a member to ensure the trustee/member rules are satisfied (SMSF rules do not allow a sole individual trustee/member SMSF). | |
| Lump sums and pensions | Lump sums only payable on commuting pension | |
| An SMSF with a corporate trustee can pay benefits either as pensions or as lump sums. | Some practitioners argue that the member must surrender or commute their pension entitlement if they wish to obtain a lump sum (as an SMSF must have its primary purpose of paying a pension). According to this argument, a fund cannot simply pay a lump sum benefit, and extra paperwork is needed to evidence the pension entitlement first being requested and then being commuted. | |
| Administrative efficiency | Extra and costly paperwork | |
| When members are admitted to, or cease, membership of the SMSF, all that is required is that the person becomes, or ceases to be, a director of the corporate trustee. The corporate trustee does not change as a result. Therefore, title to all the assets of the SMSF remains in the name of the corporate trustee. | To introduce a new member to an SMSF with individual trustees requires that person to become a trustee. As trust assets must be held in the names of the trustees, this will require the title to all assets to be transferred to the new trustees when a member is admitted to or exits the fund. | |
| Greater asset protection | Less asset protection | |
| As companies are subject to limited liability, a corporate trustee will provide greater protection where a party sues the trustee for damages. | If an individual trustee suffers any liability, the trustee's personal assets may be exposed. | |
| Estate planning flexibility | Extra administration and costs | |
| A corporate trustee ensures greater flexibility for estate planning, as the trustee does not change as a result of the death of a member. | The death of a member requires there to be a change of trustee, and this gives rise to considerable administrative work and costs at an inopportune time. |
The ATO also provides some helpful information here.