Articles by Jason Spits

Property, SMSF, Trusts

13.22C trust utility overrides its complexity

self managed super, self managed super fund, self managed super funds, self managed superannuation, SMSF, 13.22C unit trust, restrictions, ownership of assets, BT, Bryan Ashenden, property, investment

While 13.22C trusts are complex, their use inside an SMSF can provide trustees with more flexibility around the use of underlying assets.

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Crypto Assets, Cryptocurrency

Crypto holdings harder under Div 296

self managed super, self managed super fund, self managed super funds, self managed superannuation, SMSF, cryptocurrency, Division 296, retirement, Wilson Asset Management, discussion paper, unrealised gains, indexation, investment, SMSF portfolios, digital assets

The volatile nature of cryptocurrency will make its retention within an SMSF portfolio more difficult under the proposed Division 296 tax.

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Division 296, SuperStream, Tax

SMSFs will have to de-risk under new tax

self managed super, self managed super fund, self managed super funds, self managed superannuation, SMSF, Division 296, investment portfolio, small company, venture capital, unrealised capital gains, Wilson Asset Management, WAM, Geoff Wilson, innovation, trustees, de-risk

The Division 296 tax is likely to drive SMSFs away from small company investments, reducing the pool of capital available to them.

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Contributions, Death benefits, Superannuation, Tax

Benefits tax a factor in recontributions

self managed super, self managed super fund, self managed super funds, self managed superannuation, SMSF, recontribution strategy, taxable component, MLC, Scott Quinn, adult child, non-tax dependant, death benefit, government co-contribution, spouse contribution

Giving thought to the tax impact of death benefits paid to adult children may be a trigger to engage in a recontribution strategy.

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Death benefits, Division 296, Superannuation, Tax

Div 296 sparking death benefit discussions

self managed super, self managed superannuation, SMSF, death benefit tax, Division 296, Heffron, Meg Heffron, assets outside superannuation, tax

The Division 296 impost has prompted SMSF members looking at retaining assets in super to consider the tax impact of their death on their beneficiaries.

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Contributions, Superannuation, Tax

Deduction claims based on fund receipt

self managed super, self managed superannuation, SMSF, superannuation, contribution, tax deductible, Institute of Financial Professional Australia, Natasha Panagis, ATO, private binding ruling, personal deductible contribution, notice of intent

Tax deductions for a super contribution are based on when a fund receives the money, with the ATO confirming late arrivals will not be considered.

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Auditing, LRBA

Auditors must still check LRBA offsets

ADI, ASF Audits, ATO, Auditors, Authorised Deposit-taking Institution, limited recourse borrowing arrangement, LRBA, management letter, non-ADI, offset accounts, self-managed super, Self-managed superannuation fund, Shelley Banton, SMSF

Recent ATO comments on LRBAs with offset accounts have changed little for auditors, who must check them as part of their reports.

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Auditing, Valuations

Zero valuations unacceptable

ATO, Auditor contravention report, Bryce Figot, DBA lawyers, Division 296, negative net assets, self-managed super, Self-managed superannuation fund, SMSF, The Auditors Institute, unlisted shares, zero valuations

SMSFs that value assets at zero are unlikely to find that view accepted by the ATO and should seek better evidence as to their actual worth.

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LRBA

Safe harbour changes require action

SMSF, self managed superannuation fund, self managed super, related-party, limited recourse borrowing arrangement, LRBA, documentation, safe harbour rates, Accurium, Mark Ellem, NALI, ITAA 1997, ATO, PCG 2016/5, loan, interest rate, repayment

A change in the safe harbour rate for related-party LRBAs will require prompt action after the start of the new financial year.

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