Personal Concessional Contributions to SMSF through Promissory Note

Question: We have a client who made personal concessional contributions into SMSF by way of promissory note in financial year 2021. This note was never physically paid and instead it is her intention to forgive this note or sign back in favor of the client and classed as a pension payment. Do you see any issues with this strategically and which specific document would you use? I.e. a deed of forgiveness or some other sort of note or minute?

Answer: The Promissory Note must be turned around quickly as per the Commissioner. But you can do that by endorsing the promissory note back to the client and recognizing as a pension payment. 

Question: How do I endorse the note? Is there a LYD2 document that facilitates this, and if not, what wording should be used to endorse the note?

Answer: You can endorse the note by writing on the front page: 
"This Note has been endorsed to Mr. X in satisfaction of a pension payment."

Please be advised this is general information only, and is not to be taken as legal advice. If you would like more information, or have a legal query, please contact Abbott & Mourly directly.
Reviewed: 17/01/2024