Articles by Jason Spits

ATO, Compliance, Regulation

Sole purpose tough with some transactions

SMSF Self-managed superannuation Sole purpose test Related party Property development ATO Cooper Partners Financial Services Jemma Sanderson

SMSFs may be better off avoiding complex related-party transactions if the effort to enact them exceeds the work required to comply with the sole purpose test.

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Pensions

Allow deceased legacy pension exits

Legacy pensions reserves SMSF Self-managed superannuation SMSF Association Legacy pensions reserves SMSF Self-managed superannuation SMSF Association

The SMSF Association has stated proposals to allow an exit from legacy pensions can be improved by including deceased members and retaining asset test exemptions.

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ETFs, Investments

ETF allocations predicted to climb

ETF Exchange-traded fund VanEck VanEck Australian Investor Survey 2024

The use of ETFs to access overseas investments will continue to climb, with larger numbers of SMSFs claiming they would occupy a larger place in their portfolio in the next year.

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ATO, In-house assets, Regulation

Complexity raises sole purpose risk

SMSF Self-managed superannuation Sole purpose test Related party transaction current day benefit Cooper Partners Financial Services Jemma Sanderson

SMSF trustees and practitioners should look beyond obvious issues regarding the sole purpose test when dealing with related parties as greater complexity raises the likelihood of breaching it.

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Property

No grace for slow related-party rent

SMSF Self-managed superannuation Sole purpose test Related party Rental income Collateral purpose Cooper Partners Financial Services Jemma Sanderson

SMSFs receiving rental income from a related party cannot extend charity if they fall behind in payments as assistance may breach the sole purpose test.

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Pensions

Flexi-pensions covered under legacy proposals

Self-managed superannuation SMSF DBA Lawyers Bryce Figot Legacy pensions Flexi-pension reserves

Despite flexi-pensions not being expressly mentioned in proposals to allow an exit from a legacy pension, the removal of reserves as a barrier would allow SMSF trustees to commute from them as well.

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Legislation, Tax

Senate urged to reject Div 296 bill

Treasury Laws Amendment (Better Targeted Superannuation Concessions and Other Measures) Bill 2023 Senate Division 296 tax SMSF Association Unrealised capital gains

Independent senators have been called on to reject the proposed Division 296 tax bill, with the SMSF Association reiterating concerns over the taxation of unrealised gains.

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Pensions

Consider legacy pension exits now

SMSF self-managed superannuation legacy pension market linked pension reserve allocations DBA Lawyers Bryce Figot

Legacy pension holders can take action now to exit them under proposed future changes, but should be aware of any linked arrangements that could be jeopardised.

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Tax

Division 296 bill passes lower house

The Division 296 bill will progress to the Senate after the government voted down amendments in the lower house.

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Compliance, Regulation, Tax

Tax agent code changes finalised

Code of professional conduct for tax agents Tax Agent Services (Code of Professional Conduct) Amendment (Measures No 2) Determination 2024

The proposed changes to the code of professional conduct for tax agents will be tabled in parliament after the government and industry agreed to a final round of changes.

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