Articles by Jason Spits

Documentation

Sidestep deeds filled with law

SMSF deeds, superannuation law, Cooper Grace Ward, Clinton Jackson, Re Gainer, legal personal representative, LPR, Sarah Camm

SMSF deeds using rules cut from super law should be avoided as they will force trustees into limited courses of action rather than providing flexibility for future changes.

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Administration, ATO, SMSF, Superannuation

Trustees warned on early access

The ATO has warned trustees they will be held accountable for members who access super without meeting a legitimate condition of release.

The ATO has warned trustees they will be held accountable for members who access super without meeting a legitimate condition of release.

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Contributions

Indexation glitch drops threshold

The increase in the SG rate, but the static nature of concessional caps will push down the maximum contribution base that applies to employers.

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SMSF, SMSFA, Tax

Budget confirms Div 296 still on the table

The federal government will take the Division 296 tax to the election given the budget contained no mention of the status of the proposed impost.

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ECPI

ECPI possible on pension of dead member

An SMSF where all the members have died and pensions reverted to the last person standing may be able to claim ECPI even if no minimum payments were made.

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Crypto Assets, Cryptocurrency, SMSF, Tax

No crypto CGT exemption granted

Board of Taxation, CGT, Sladen, Phil Broderick, Philippa Briglia, SMSF Association,

SMSFs with crypto-assets will not be able to apply a CGT exemption applicable to other assets under a recommendation from a statutory authority.

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financial advice, Financial Planning, Legislation

SOAs to go under further DBFO reform

Delivering Better Financial Outcomes, DBFO, Stephen Jones, Treasury, Federal Election, Parliament, Client Advice Record, 

The statement of advice may soon be replaced with a client advice record under the next stage of the government’s advice reform package.

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ECPI

Don’t overlook tax in ECPI timing

SMSF members making a contribution late in the year to maximise exempt current pension income (ECPI) should be advised that an earlier move may be a better option when considering their tax position outside of the fund, an SMSF actuary has highlighted.

Making a contribution late in the year to maximise ECPI may not be the best strategy when an SMSF member takes a tax hit while waiting to contribute those funds.

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Compliance, SMSF, Trusts

Multi-fund trustees are dangerous

SMSF corporate trustee, compliance failures, Heffron, Sean Johnston, multiple funds, SIS Act, sole purpose trustee, Annie Dawson, ATO

While SMSF trustees have been warned not to use any company structure for a corporate trustee, that caution also should extend to how many funds are covered by a single trustee vehicle.

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