Articles by Jason Spits

Death benefits

View death benefits as ancillary purpose

SMSF Self-managed superannuation Smarter SMSF SuperGuardian Tim Miller Death benefits Sole purpose test

SMSF trustees should view the payment of death benefits as an ancillary purpose rather than a core purpose of the fund to ensure it remains compliant with the sole purpose test.

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Compliance, Superannuation

Incapacity definition has dual purpose

Incapacity Superannuation Industry Supervision Act Condition of release

SMSFs can use a single definition of permanent incapacity to meet a condition of release and gain a tax concession, but should document and retain that definition to avoid breaching super and tax laws.

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Investments, Superannuation, Tax

Associations call for Division 296 change

JAWG Joint Associations Working Group Division 296 tax Unrealised capital gains Deeming rate Better Targeted Super Concessions Bill

A group of 11 industry bodies representing advisers, stockbrokers and accountants has called for the Division 296 tax calculations to be reopened for further consultation.

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Compliance, financial advice, Tax

Tax agent code consultation non-existent

Joint Bodies Tax Agent Services (Code of Professional Conduct) Determination Tax Practitioners Board Stephen Jones Matthew Addison SMSF Association

A group of 10 industry bodies has rejected claims by the government that it consulted with the sector over changes to the tax agent code of conduct.

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Auditing, Compliance, SMSF

Routine work an audit independence risk

Auditor independence standards In-house audit APES 110 SMSF auditors

It remains highly unlikely in-house SMSF audits conducted by a firm that also provides routine non-audit services will not be a breach of auditor independence standards.

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Legislation, Tax

Div 296 progress remains shaky

Division 296 tax SMSF Association Unrealised capital gains

The SMSF Association has reported support for the Division 296 tax bill in the Senate is not definite as the body continues to push for it to be scrapped or amended.

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ASIC, Education, financial advice

ASIC issues qualification checking reminder

ASIC AFS licensees Adviser qualifications Approved degrees determination

ASIC has told advice licensees they must check the qualifications of all advisers under their banner even when they have previously worked for another organisation.

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Legislation, Superannuation, Tax

Use $3m tax to boost low balances

Division 296 tax LISTO Low income superannuation tax offset Deeming rate ASFA Association of Superannuation Funds of Australia

ASFA has called for some of the revenue to come from the proposed Division 296 tax to be used to boost the super balances of low-income earners.

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financial advice

Inquiry needed into actions of Dixon owners

Financial Advice Association Australia FAAA Phil Anderson Dixon Advisory, Compensation Scheme of Last Resort CSLR E&P Financial Group Evans & Partners

The FAAA has questioned how the parent company of Dixon Advisory was able to abandon it without penalty and is now operating a new firm with many of the same staff and clients.

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SMSF, Tax

Don’t confuse Div 296 calculations

SMSF Association Peter Burgess Tech Summit 2024 Division 296 Self-managed superannuation Total super balance TSB earnings

SMSF advisers and trustees should look closely at how the Division 296 tax calculations work as any confusion may result in them not using withdrawals to manage the impost’s impact.

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