Articles by Darin Tyson-Chan

Compliance, SMSF

SAR non-lodgement now more concerning

SMSF annual return Non-lodgement ATO SAR SMSF

SMSFs failing to lodge annual returns is becoming a bigger problem for the sector as a whole and is causing significant angst for the ATO.

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Superannuation

TBC increase to $2m highly likely

Transfer balance cap TBC CPI Consumer price index

The most recent consumer price index figures point to the likelihood of the general transfer balance cap increasing to $2 million as at 1 July 2025.

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Administration, Compliance, NALI/NALE

PCG 2016/5 not absolute for NALI

Safe harbour PCG 2016/5 NALI non-arm's-length income LRBA Limited recourse borrowing arrangement SMSF Self-managed superannuation ATO Paul Delahunty

Not satisfying the LRBA safe harbour rules defined in PCG 2016/5 will not necessarily trigger the non-arm’s-length income provisions.

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Administration, ECPI, Tax

ECPI method can impact investment strategy

SMSF Self-managed superannuation Accurium Anthony Cullen ECPI exempt current pension income investment strategy segregation of assets

Trustees using the segregated method to calculate ECPI must have this decision reflected in the SMSF’s investment strategy in some circumstances.

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Compliance, Documentation, financial advice

FSG requirement relief welcomed

Delivering Better Financial Outcomes DBFO Financial Advice Association Australia FAAA Phil Anderson financial services guide FSG relief

The peak financial planning industry body has endorsed ASIC’s recent relief that will reduce red tape and costs associated with providing financial advice.

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ATO, Auditing

Auditor mail-out about education

ATO Paul Delahunty Self-managed superannuation SMSF auditors Asset valuations Mail-out

The ATO has made clear the purpose of the mail-out it undertook to SMSF auditors to allay practitioner fears of any compliance implications.

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ATO, Auditing

ATO deploys new audit program

ATO Paul Delahunty SMSF audits Self-managed superannuation

A new program is underway to give the ATO a better insight into the workings of firms considered to be conducting a high number of SMSF audits.

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Accounting, Compliance, Superannuation

Bookkeeping can add compliance risk

SMSF Self-managed superannuation fund Excess contribution Illegal early access Loan Classification Condition of release

The incorrect classification of money withdrawn early from superannuation can lead to additional compliance issues for SMSF trustees.

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Retirement, Superannuation

Gain or reward key to proof of work

condition of release retirement superannuation gainful employment SMSF Institute of Financial Professionals Australia IFPA Natasha Panagis

To meet a condition of release using the definition of retirement, the relevant employment situation must have an associated gain or reward.

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Regulation, Retirement

Role change is not retirement

Retirement Condition of release Superannuation Industry (Supervision) Regulation 6.01(7)

A change of employment conditions of a super fund member aged 60 will not satisfy a retirement condition of release in most cases.

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