Articles by Jason Spits

Compliance

Valuations validate related-party transfers

SMSF related party transactions valuation arm's length

While not required to do so, SMSFs should seek valuations when disposing of assets to a related party to prove the transactions were at arm’s length.

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Compliance, Investments, Regulation

Acquisition error not reversible

SMSF related party acquisition breach

SMSF trustees who purchased an asset from a related party in error cannot reverse the breach but only manage the problem with the ATO.

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Compliance, Investments

Wholesale thresholds need fixing

wholesale investors SMSF assets test income

The definition of a wholesale investor in an SMSF context must be redefined with regard to the thresholds applied to the asset and income tests.

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ATO, Auditing

Asset charge warning not new

ATO SMSF auditor asset charge

The obligation for auditors to check for charges on SMSF assets has existed since 2019 and the ATO’s position on the requirement has not changed.

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ATO, NALI/NALE

Ruling shows NALE application

NALE SMSF trustee capacity non-arm's length expenditure

The ATO has indicated financial services professionals who act on behalf of their own fund must do so in a trustee capacity only to avoid being hit with NALE taxes.

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Superannuation, Tax

$3m tax draft bills released

$3 million superannuation earnings tax TSB total superannuation balance

The superannuation sector has been given 16 days to respond to the $3 million earnings tax draft legislation released today with no substantial changes to previous announcements.

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Administration, Appointments, SMSF

SMSF Alliance adds new head of growth

SMSF Alliance Sarah Pressler

SMSF administrator SMSF Alliance has appointed a former SuperConcepts key manager to a new role focused on expanding the business.

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ATO, Auditing, Compliance

No SAN mail-out as behaviour shifts

SMSF SAN misuse mailout ATO

A decrease in intentional misuse of SMSF auditor numbers has prompted the ATO to park its annual mail-out in favour of targeted compliance action with tax agents.

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Documentation, NALI/NALE, SMSF

Zero fees a NALE trap

SMSF fees zero NALE

SMSF practitioners bundling service fees into other costs paid by a trustee will raise questions as to what has been charged and may lead to the ATO viewing that charge as a NALE breach.

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Business News, Superannuation

Betashares expands into super

Betashares superannuation Bendigo Adelaide Bank

ETF provider Betashares will offer superannuation products after agreeing to purchase the super operations of Bendigo and Adelaide Bank.

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