Articles by Jason Spits

Death benefits, Insurance, Legislation, SMSF, Superannuation

Caution needed with terminal illness benefits

SMSF practitioners should not adopt common rollover or pension strategies with terminal illness benefits as they should probably exit the super system.

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Retirement, Superannuation

Super release condition decision simplified

The decision on whether a superannuant has met a retirement condition of release has been simplified with the shift of the preservation age to 60.

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ATO, fraud, Superannuation

ATO flags adviser role in illegal access

The ATO’s estimate of funds being illegally accessed from SMSFs has fallen, but it has identified advice telling people how to hide this behaviour using loans to members.

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Auditing, NALI/NALE

Audits must ring-fence NALI risk

A significant number of SMSF trustees may be adversely affected by a recent AFCA determination regarding the wholesale investor definition.

Auditors should be clear they will not be liable for any historical NALI-related issues and have that stated in all client documentation.

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Auditing

High audit workload questioned

SMSF auditors, ART on acceptable workloads, SMSF audits, Administrative Review Tribunal, DBA Lawyers, Bryce Figot, Islam and ASIC (2024) ARTA 88, MD Nazrul Islam, ASIC, ATO SMSF statistics

SMSF auditors reviewing hundreds of files each year may need to prove they are meeting required standards following comments from the ART on acceptable workloads.

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Accounting, financial advice, Financial Planning, Superannuation

Reconsider accountants advice role

Accountants, superannuation advice, New Class of Adviser, Institute of Financial Professional Australia, IFPA, Natasha Panagis, ATO portal, registered tax agent, limited licensing

The ability for the proposed new class of adviser to provide super advice has reignited calls for accountants with their higher qualifications to be able to do the same.

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Estate Planning, Superannuation

Intestacy may block super benefits

The lack of a will may require someone administering an estate to make their own application for super benefits given the direction of recent case outcomes.

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Pensions, SMSF

NowInfinity adds UK pension deed

NowInfinity, UK pension, Recognised Overseas Pension Scheme, ROPS, deed, UK tax authority, Kate Anderson,

NowInfinity has released a deed to assist UK pension holders to roll benefits into an SMSF and upgraded its pension documents.

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Auditing

Audit work concentrated in hands of few

SMSF auditors, audit fees, ATO statistics, statistical overview, self-managed super fund

A few hundred practitioners audit the lion’s share of SMSFs each year, but continue to charge relatively low fees for their work.

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Legislation, Tax

Div 296 bill remains in limbo

Better Targeted Superannuation Concessions and Other Measures, Division 296 tax bill, Institute of Financial Professionals Australia, Michaelia Cash, unrealised capital gains

The Division 296 tax bill has proceeded no further in the Senate after the government did not include it in the order of business for the current sitting period.

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