Articles by Darin Tyson-Chan

ASIC, financial advice, Regulation, Superannuation

ASIC to scrutinise super switching

Superannuation switching ASIC Referral arrangements Enforcement priority

Advice regarding the switching of superannuation membership from one fund to another is an area on which ASIC will be focused this year.

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Commercial Property, Compliance, Property

Vacant land not considered BRP

Vacant land Business real property Related party SMSF In-specie transaction

An SMSF cannot acquire vacant land from a related party as it does not meet the definition of business real property at the time of the transaction.

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Accounting, Tax

Tax agent switching requires care

SMSF ATO TFN ABN Client linking SMSF Association

The SMSF Association has emphasised the need for tax agents to acknowledge a critical detail when executing a new fund authorisation.

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LRBA, Property, Trusts

LRBA bare trust transfer needless

Bare trust LRBA SMSF Property

Properties acquired using an LRBA need not automatically be transferred from a bare trust into an SMSF once the loan has been paid back.

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Auditing, Compliance, Investments

Don’t judge investment strategy

Investment strategy Auditors Judgement

An SMSF auditor’s role is to observe the compliance characteristics of an investment strategy and not assess its appropriateness for the fund members.

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Pensions, SMSFA, Tax

Legacy pension amnesty sought

Division 296 tax Amnesty SMSF Association Family law split Legacy pension Lifetime pension

The government has been asked to provide an amnesty for legacy pensions from the proposed Division 296 tax in this year’s federal budget.

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Auditing

Member phase an audit factor

SMSF auditors pension phase accumulation phase asset valuations

Auditors need to consider the differing consequences asset valuations can have on members in accumulation phase versus those in pension phase.

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ATO, Tax

ATO confirms TSB for Div 296 tax

ATO Total superannuation balance Division 296 NALE CGT Transfer balance cap

The redefinition of a person’s total super balance as to the implementation of the $3 million soft cap has been confirmed by the ATO.

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Property

Property deposit payer key

SMSF property Deposit Business Depot Neal Dallas

It is imperative for deposits on SMSF properties to be made in the fund’s name to avoid any unwanted compliance breaches.

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Legislation, Retirement, Superannuation

Product not the retirement income fix

Retirement income products Superannuation Actuaries Institute

A number of strategic elements must be combined rather than just product to formulate a satisfactory retirement income solution.

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