Articles by Jason Spits

ATO, Pensions, Tax

Short pension terms raise red flags

ATO BDO Peter Crump SMSF Self managed superannuation Tax Ruling 2013/5 pension

SMSF members should be wary of short-term pension strategies and adopt a multi-year approach to prevent the process being viewed as a tax avoidance measure.

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Property, SMSF, Trusts

New rules diminish declarations of trust

SMSF Self-managed superannuation Declaration of trust Asset ownership Stamp duty ATO ASF Audits Shelley Banton

The use of a declaration of trust to deal with the ownership of SMSF assets has been undermined by ATO guidance and legislative changes.

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Appointments

IFPA expands tech team

IFPA Institute of Financial Professionals Australia Stuart Sheary

IFPA has recruited a new technical expert from a major advice group, further adding to its abilities to provide specialist support for its members.

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Auditing, Property

Second-tier valuation evidence less reliable

SMSF Self-managed superannuation Deloitte Liz Westover Asset valuation Audit evidence

Trustees struggling to get formal property valuation evidence can use other forms of data to support their estimate, but they may be regarded as less reliable by the fund’s auditor.

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Documentation, Pensions

Pension status change possible

Self-managed superannuation SMSF Reversionary pension Status Cooper Partners Financial Services Jemma Sanderson DBA Lawyers Dan Butler

It is possible to change the reversionary status of a pension inside an SMSF as long as it remains a pension and the fund’s supporting documents allow it.

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ASIC, financial advice

Case against Dixon director dismissed

Dixon Advisory and Superannuation Services E&P Operations insolvency ASIC Paul Ryan Federal Court

A case brought by ASIC against a Dixon Advisory director alleging a breach of duties in regards to decisions about the insolvency of the advice group has been dismissed.

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Pensions

Legacy pension exit a rational choice

Legacy pensions SMSF Self-managed superannuation Townsends Business and Corporate Lawyer Michael Hallinan

Proposed laws to allow exits from legacy pensions are a gift from the government and in most cases there would be few good arguments not to use them.

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Auditing, LRBA, NALI/NALE

Non-commercial LRBAs too risky for auditors

Related-party NALI non-arm's length income LRBA Limited recourse borrowing arrangement Auditor

Related-party LRBAs without evidence proving they are on commercial terms are unlikely to receive approval from SMSF auditors due to NALI risk.

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ATO, Platforms

Check pension payment exemption usage

SMSF Self-managed superannuation Minimum pension ATO Exemption BDO Peter Crump

In the event of a minimum pension not being met, SMSF practitioners must establish whether a trustee has previously used the self-determination exemption.

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financial advice, Tax

Treat Div 296 as blank slate with client

SMSF Self-managed superannuation Division 296 tax $3 million Financial advice Deloitte Liz Westover The Tax Institute

SMSF practitioners should tell clients to forget what they know about the Division 296 tax as many are concerned about misconceptions and help them reset their understanding of the measure.

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