Articles by Jason Spits

Accounting

TRIS overpayment guidance needed

More guidance is needed to ascertain whether the ATO will provide discretion for SMSF members who overpay a TRIS after existing information was withdrawn by the regulator.

More guidance is needed to ascertain whether the ATO will provide discretion for SMSF members who overpay a TRIS after existing information was withdrawn by the regulator.

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NALI/NALE, SMSF, Superannuation, Tax

LCR confirms post-acquisition NALE view

ATO revised draft guidance has amended the application of NALE to specific assets after their acquisition with regard to capital gains.

ATO revised draft guidance has amended the application of NALE to specific assets after their acquisition with regard to capital gains.

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ATO, SMSF, Superannuation

Death pension minimum rules unclear

The fate of reversionary pensions that do not meet their minimum payment obligations is unclear, with previous ATO guidance on the matter no longer available.

The fate of reversionary pensions that do not meet their minimum payment obligations is unclear, with previous ATO guidance on the matter no longer available.

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Legislation, Pensions, SMSF, Superannuation

Safe to act on legacy pensions now

SMSF members can act with confidence that any moves to exit a legacy pension now cannot be undone even if parliament winds back the changes later this year.

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NALI/NALE

LCR creates discount policy scrutiny

The application of discount policies for SMSF trustees may need further consideration following changes to rules regarding NALE.

The application of discount policies for SMSF trustees may need further consideration following changes to rules regarding NALE.

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Insurance, NALI/NALE

Specific NALE may apply to insurance

Life insurance premiums paid by an SMSF for a particular member may be considered specific NALE given they are not costs related to the general operation of the fund.

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ATO, Compliance

ATO names related-party funding concerns

Key risk factors that can arise in related-party funding arrangements have been flagged by the ATO for compliance activity if it identifies at least one of them is present.

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Legislation, Tax

Slow Div 296 progress may delay start date

The slow progress of the Division 296 bill through parliament has eaten into the time set aside to prepare for its implementation, meaning its possible start date may also be pushed back.

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Superannuation, Tax

Super earnings concessions top $22b

The tax concessions given to superannuation earnings have continued to grow, with millions of fund members benefiting from them each year.

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NALI/NALE

Trustee capacity consideration tweaked

The application of the trustee capacity rules within the ATO’s revised NALI arrangements appears to be less rigid, but responsibility for compliance has not changed.

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