Articles by Darin Tyson-Chan

Estate Planning, SMSF

Capacity doubts now more common

Mental capacity SMSF Self-managed superannuation fund Cooper Grace Ward Scott-Hay Bartlem Estate planning

Practitioners have to address a client’s capacity in all SMSF estate planning actions as the issue is becoming more common in death benefit disputes.

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ATO, Compliance, SMSF

Early access treatment key to ATO actions

ATO Illegal early access Peter Bobbin SMSF Association Technical Summit Loans SMSF Self-managed superannuation

The illegal early access of benefits can be treated in a different factual manner to produce a better compliance outcome for the trustees involved.

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Legislation, SMSF, Superannuation, Tax

Withdrawals can eliminate $3m cap liability

SMSF Self-managed superannuation SMSF Association Technical Summit Division 296 tax Liability Withdrawals Total superannuation balance

SMSF drawdowns can allow members to maintain a total super balance of $3 million or less and escape a Division 296 tax liability.

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ASIC, Regulation, SMSF

INFO 274 change having no impact

INFO 274 SMSF ASIC Self-managed superannuation Establishment Investment Trends

The significant amendment ASIC made to Information Sheet 274 has had almost no impact on SMSF establishments.

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Compliance, Regulation, SMSF, Tax

TPB disciplines SuperGuardian

Tax Practitioners Board Tax Agent Services Act 2009 Code of Professional Conduct SuperGuardian SMSF Self-managed superannuation Jason Poser SMSF Association

Specialist SMSF accounting firm SuperGuardian has had disciplinary action taken against it by the TPB for a code of conduct breach.

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Contributions, Regulation, Superannuation

General TBC likely to rise again

CPI Consumer price index AWOTE General transfer balance cap Concessional contribution cap Non-concessional contribution cap

Superannuants are likely to experience further increases in the general transfer balance cap in the coming years due to indexation.

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Compliance, Contributions, Regulation

Self-assess carry-forward rule use

Concessional contributions Carry-forward provisions SMSF Self-managed superannuation MyGov Self-assessment

Self-assessment is to be used originally to determine if a super fund member is able to use the carry-forward concessional contributions cap rules.

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Education, Regulation, SMSF

Client aids for regulations wanted

Investment Trends SMSF Self-managed superannuation Regulatory changes Educational content

Practitioners would like more educational material on regulatory changes and industry developments to allow them to service SMSF clients better.

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Legislation, Regulation, SMSF

Residency rule change may be closer

Residency SMSF Self-managed superannuation Active member test Safe harbour

The proposed changes to the superannuation residency rules first put forward in 2021 may be closer to coming to fruition.

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