Articles by Jason Spits

financial advice, Superannuation

Govt amends super-funded advice rules

Financial advice advice fees Superannuation Delivering Better Financial Outcomes Financial Advice Association Australia FAAA Sarah Abood

The government has amended its rules on funding financial advice from super, removing barriers that would have required funds to approve each piece of advice.

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Administration, Insurance, SMSF, Superannuation

No distinction in insurance benefit treatment

Life insurance SMSF Self-managed superannuation Premiums Death benefits Member benefits

Benefits paid from a superannuation-funded life insurance policy do not have different status to other benefits, unless held by a separate super vehicle.

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SMSF

Limited options for payments to closed fund

SMSF Self-managed superannuation Wind-up payment Heffron Annie Dawson

There are limited options to handle any late payments made to members of an SMSF in wind-up, requiring awareness of what is still outstanding at the time.

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NALI/NALE

NALE changes take effect from 1 July

SMSF Self-managed superannuation NALE non-arm’s length expenditure Treasury Laws Amendment (Support for Small Business and Charities and Other Measures) Act 2023

The long-awaited changes to the NALE provisions have received an eleventh-hour approval and take effect from the start of the new financial year.

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Accounting

Division 296 asset valuation caution

Dan Butler DBA Lawyers Division 296 Asset valuations SMSF Self-managed superannuation fund

SMSF members should look at the best valuation of fund assets to offset the impact of the Division 296 tax, but should be cautious about what value they record.

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NALI/NALE

NALE bill passed by parliament

NALE non-arm’s-length expenditure bill SMSF Self-managed superannuation fund Royal assent

Changes to the NALE provisions will become law, with only the question of when they will take effect yet to be answered.

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Education, financial advice

Licensees to report experienced pathway users

Financial advisers Australian financial services licensees AFSL experienced provider pathway declaration

Licensees have been reminded they will have one month from 1 July to notify ASIC of any adviser who uses the experienced provider pathway.

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ATO, Auditing, SMSF

ATO updates SMSF auditor’s report

ATO SMSF independent auditors report ASQM1 ASQC1 SMSF auditors

The SMSF independent auditor’s report has been updated, reflecting changes to audit standards that came into effect in late 2022.

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financial advice

Financial abuse protocols needed

FAAA Financial Advice Association Australia Financial abuse reporting

The processes for financial advisers to report suspected financial abuse are unclear, with some current laws preventing appropriate action taking place.

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Death benefits, Estate Planning

Death benefits to estate can help keep assets

IFPA super death benefit estate planning SMSF tax

Paying a super death benefit to a member’s estate can reduce the tax bill a beneficiary may receive and assist them in retaining specific assets from the fund.

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