Articles by Darin Tyson-Chan

Pensions

Legacy pension glitch addressed

Social Security Act, legacy pensions, Smarter SMSF, education,  Tim Miller,

The anomaly arising from the operation of the Social Security Act and the legacy pension amnesty has been addressed by a new legislative instrument.

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Contributions

Avoid tax strategy contribution split

contribution reserving strategy, Accurium, Anthony Cullen, Contribution, ATO, National Tax Liaison Group

Best practice suggests a contribution reserving strategy should be implemented using two separate transactions even though it is not required legally.

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ATO, Auditing, Technology

ATO confirms AI use not fully reliable

The ATO believes practitioners and trustees cannot completely rely on AI to undertake SMSF functions and an element of human involvement is still needed.

The ATO believes practitioners and trustees cannot completely rely on AI to undertake SMSF functions and an element of human involvement is still needed.

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Administration, ATO, Legislation, SMSF, Superannuation

Slight advisory impact, but no substance

Federal budget, financial advice, FAAA, Financial Advice Association Australia, ATO, Phil Anderson,

The federal budget has included a few measures impacting advisers, but lacks any detail regarding the greater financial services sector.

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Contributions, SMSF, Tax

Timing key for applicable TBC

Transition to retirement income stream, transfer balance cap. Craig Day, Colonial First State, SMSF Association National Conference 2025, Melbourne, transfer balance cap, 

Practitioners need to be mindful of the TBC applicable to a client who turns 65 in June in the wake of the indexation to take effect in July.

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Auditing

ACR instructions amended

ACR, valuations. ATO, Auditor Contravention Reports,

The auditor contravention report instructions have been updated, with the ATO making specific changes to three operational areas.

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Contributions

Work test has prior-year relevance

The work test is not just relevant for the financial year in which it applies to an SMSF member wanting to make a personal deductible contribution.

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Contributions

Third-party contributions delicate

superannuation contributions, SMSF, concessional contribution, Accurium, Anthony Cullen, transfer of assets, in-specie contribution, family trust, tax deduction

Contributions to an SMSF deemed to be made on behalf of a member by another party will count towards that person’s concessional cap.

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ATO, Compliance, Regulation

Disqualification a family SMSF issue

Individuals should consider the implications a serious compliance breach will have before including family members as SMSF trustees.

Individuals should consider the implications a serious compliance breach will have before including family members as SMSF trustees.

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ATO, Insurance

Compassionate sum must be net of tax

Early payments made from SMSFs on medical compassionate grounds must have tax deducted before they are received by the relevant member.

Early payments made from SMSFs on medical compassionate grounds must have tax deducted before they are received by the relevant member.

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