Articles by Jason Spits

ATO, Death benefits, Estate Planning

Benefit destination may change tax treatment

ATO Death benefit dependant Superannuation Private ruling

The ATO has ruled a death benefit unable to be paid to a defined dependant cannot be received by their estate in the same form and loses any tax special tax treatment.

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Retirement, Superannuation

Make homes part of retirement funding

Retirement income Housing Home Superannuation Actuaries Institute Andrew Boal

The homes of retirees should be considered in discussions about funding retirement incomes, with changes made in pension policies to make it more attractive to drawn down on equity.

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ATO, NALI/NALE

ATO retains NALI nexus to CGT

ATO non-arm's-length income NALI capital gains tax CGT Tax Determination SMSF Association

The ATO will continue to view all capital gains in an SMSF as NALI where some of it has been the result of non-arm’s-length dealings.

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NALI/NALE, Tax

Fund income can reduce NALE hit

NALE Non-arm's length expenditure Taxable income

SMSF practitioners looking at how to apply the new NALE rules should keep in mind the level of taxable income in a fund can reduce the impact of any tax penalties.

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Retirement, SMSF, Superannuation

Leave payments may block super release

MLC TechConnect Julie Steed Superannuation Definition of Retirement Termination of employment

SMSF members ending work may not be retired from a super standpoint if they continue to receive any form of employer payments, which may restrict access to their savings.

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Compliance, Regulation, Tax

Rapid changes to tax agent code concerning

SMSF Assocation Chartered Accountants Australia and New Zealand Tax Practitioners Board determination Code of Professional Conduct Tax agents

Government measures that expand the code of conduct for tax agents will be difficult to implement and are being introduced with no consultation, raising concerns for industry bodies.

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Accounting

BDO signs on with SuperMate

SuperConcepts SuperMate BDO Partnership Paul Rafton Andy Forbes

Accounting and advisory firm BDO will use the SuperMate platform to manage its client SMSFs under a new partnership agreement.

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Compliance, Documentation, SMSF

Advice doesn’t negate strategy obligations

SIS Act SMSF Self-managed superannuation Investment strategy Mailene Wheeler Vincents

SMSF trustees receiving professional advice should be reminded action does not remove their obligation to create and execute an investment strategy for their fund.

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financial advice, Superannuation

Contributions lead end-of-year concerns

Contributions Personal deductible Catch-up concessional Death benefit Superannuation AMP Advice TapIn John Perri

Super contributions was the key area of concern for many advisers in the lead-up to the end of the financial year as clients sought to use the catch-up provisions.

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Investments, Property, Regulation, SMSF

Local law limits overseas property exposure

Direct property SMSF Self-managed superannuation Overseas property 13.22C entity In-house assets

While SMSFs can invest in property overseas, Australian laws may consider such an action a breach of trustee obligations and caution should be exercised.

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