Articles by Jason Spits

Administration, Compliance, Regulation, SMSF, Trusts

Lost deeds undermine trust functions

Lost trust deed

A lost trust deed can bring into question the ability of trustees to carry out their duties and cast doubts over the operations of the trust.

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Investments, NALI/NALE, SMSF

Ask clients for arm’s-length proof

arm's-length evidence

Given the complexity of some investment arrangements, SMSF trustees should be providing evidence they have acted on an arm’s-length basis.

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Auditing, SMSF

Auditors Institute expands membership

Auditors Institute membership

Following a rebrand, the body representing SMSF auditors has expanded its membership to include audit practitioners working outside the sector.

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Administration, Compliance, Regulation, SMSF

Deeds can force member exits

SMSF member exit deed

SMSF members can be forced out of a fund, but only in cases where deeds have been structured to include trigger events requiring their exit.

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Contributions, Tax

Breach danger in passing shares to SMSF

SMSF personal services income shares

SMSF members passing on shares given to them in place of payment for personal services are likely to have breached a number of laws and ATO advice should always be sought on such matters.

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Compliance, NALI/NALE, SMSF

NALI based on actions, not parties

NALI actions parties

The nature of the dealings and not the relationship between parties is the key focus of the NALI provisions and is confusing some practitioners.

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Appointments, Technology

SuperConcepts exits entire tech team

SuperConcepts technical managers

Four senior technical managers have left SuperConcepts as part of the staff changes at the firm following its sale from AMP to a private management group.

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Property, Superannuation

Fund members access $400m for first homes

FHSSS first home super saver

Superannuation fund members have accessed more than $400 million to purchase a home since the start of the First Home Super Saver scheme in 2018.

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financial advice, SMSFA

SMSF sector built by advisers

SMSF sector specialist advisers

Specialist SMSF advisers have played a key role in building the SMSF sector and its representative body into a recognisable presence in the superannuation landscape.

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ASIC, Property

ASIC takes action against property developer

ASIC SMSf property scheme Sasha Hopkins

ASIC has sought orders to shut down a property investment company and ban its director, saying the business’s development schemes via SMSFs were unlicensed and unregistered.

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