Articles by Jason Spits

Contributions, Superannuation

Super key concern for advisers

Superannuation is a key area of interest for advisers, with one network reporting a quarter of its technical inquiries have related to different facets of the subject.

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Legislation, NALI/NALE

Senate review approves NALE bill

Senate Economics Legislation Committee NALE NALI bill legislation

A seven member Senate committee has recommended new NALE provisions should pass parliament without any changes to the bill that will enact them.  

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Auditing, Compliance, Insurance

Auditor PI should cover review action

SMSF auditors professional indemnity PI insurance ATO review Bryce Figot DBA Lawyers

SMSF auditors should check their PI insurance will fund a defence against an ATO review, as well as being sued by clients.

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NALI/NALE

NALE repeal rejection explained

Treasury NALE NALI repeal SIS Act joint bodies submission

Treasury has outlined some of the reasons it has rejected industry calls to repeal the NALE regime, noting it was best suited to address non-arm’s-length issues within SMSFs.

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Investments, LRBA

Check share holdings with LRBA

SMSF LRBA shares portfolio single acquirable asset

SMSFs using an LRBA to purchase shares should be certain they are considered a single asset to ensure the holdings don’t breach ATO loan rules.

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Auditing, Contributions

Contribution mistakes more likely

SMSF auditors non-concessional contributions work test

Changing the non-concessional contribution regime to operate on an age-based criteria means more mistakes are probable and auditors will be less likely to be able to help rectify them.

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Auditing, Compliance

Audit shopping checks still required

Auditor shopping compliance record engagement letter

Auditors must check the compliance record of any potential clients with professionals the trustee has previously engaged prior to servicing them.

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Tax

Consultation skipped on tax agent reporting

tax agents TPB breach reporting consultation false allegations

Six advice and tax bodies have called for the government to consult on a requirement for tax agents to report potential breaches they say lacks protections to deal with false allegations.

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ATO, Compliance, Death benefits, Documentation, Regulation

Benefit review reinforced by ruling

Death benefit Incapacity Benefit payments Documentation

The need to have up-to-date SMSF documents related to incapacity and benefit payments has been brought to the fore by a recent ATO private ruling on benefit payments after the death of a member.

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ATO, Superannuation

No compassionate release shortcut

SMSF accessing superannuation compassionate grounds ATO guidance

New guidance on accessing superannuation on compassionate grounds has been released by the ATO, which has noted SMSFs must still follow a specific process for early release.

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