Articles by Darin Tyson-Chan

ATO, Pensions

TR 2013/5 upgrade means more red tape

self managed super, self managed super fund, self managed super funds, self managed superannuation, SMSF, minimum pension payment, TR 2013/5, Taxation Ruling 2013/5, commutation, ECPI, exempt current pension income, Institute of Financial Professionals Australia, IFPA, Natasha Panagis, tax components, lump sum

The update to Taxation Ruling 2013/5 will create noticeably more administrative work for trustees who fail to meet the minimum pension payment standards.

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Platforms, Valuations

Legacy pension valuation not simple

The value of a legacy pension to be commuted cannot be determined simply by the records produced by administration software systems.

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Division 296, SMSF, Tax, Valuations

Asset valuations unchanged for Div 296

self managed super, self managed super fund, self managed super funds, self managed superannuation, SMSF, asset valuation, Division 296, SIS Regulation 8.02B, market value, Accurium, Mark Ellem, total super balance, valuation guidelines

The asset valuation rules currently applicable to SMSFs will remain unchanged after the Division 296 tax is implemented.

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ASIC, financial advice

First Guardian sanctions continue

ASIC, Australian Securities and Investments Commission, David Anderson, Simon Selimaj, Falcon Capital Limited, First Guardian Master Trust, Federal Court, travel ban, asset frozen

The directors of Falcon Capital, David Anderson and Simon Selimaj, have been issued travel restraint orders effective until 27 February 2026.

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Death benefits, Pensions

Death pension okay without instruction

self managed super, self managed super fund, self managed super funds, self managed superannuation, SMSF, pension documentation, income stream, automatic reversionary pension, Accurium, Mark Ellem, trust deed, death benefits, trustee discretion, SMSF Professionals Day 2025

The pension of a deceased member can be retained in an SMSF even if there is no evidence the income stream was reversionary.

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Appointments, SMSFA

SMSF Association makes new appointment

SMSF Association, Marnie Page, national partnerships manager, Alistair Shields, Peter Burgess, Neil Sparks

A new national partnerships manager has been appointed by the SMSF Association in the wake of the retirement of an industry stalwart.

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Division 296, Superannuation, Tax

Div 296 can boost advice proposition

self managed super, self managed super fund, self managed super funds, self managed superannuation, SMSF, Division 296, tax minimisation, personal tax, Accurium, Mark Ellem, marginal tax rate, total super balance, 30 per cent, 15 per cent, financial advice

The proposed Division 296 measure gives practitioners the opportunity to enhance their advice proposition through tax optimisation strategies.

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Investments, Superannuation

ASFA endorses change to US bill

Association of Superannuation Funds of Australia, ASFA, Big Beautiful Bill, section 899, Mary Delahunty, US economy

ASFA has applauded an amendment made to the US government’s ‘big beautiful bill’ that will result in a better outcome for superannuants.

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Documentation, Superannuation

Refund of early withdrawal possible

self managed super, self managed superannuation, SMSF, withdrawal, condition of release, Accurium, Mark Ellem, refund, SMSF Professionals Day 2025, rectification, error

An accidental withdrawal from an SMSF bank account can be redeposited without consequence as long evidence can prove the transaction was an error.

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Pensions

Legacy pension wind-ups hold legal risk

SMSF, self managed superannuation fund, self managed super, legacy pensions, amnesty, Accurium, Mark Ellem, financial product, licence, financial advice, commuting

There are many legal restraints applicable to practitioners looking to assist their clients in commuting existing legacy pensions.

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