Articles by Jason Spits

AAT

AAT decision will create precedent

Administrative Appeals Tribunal AAT ATO decision impact statement SMSF trustee banning Gordon Merchant Merchant and Commissioner of Taxation Coronica and Commissioner of Taxation Sladen Legal Phil Broderick Terence Wong

An AAT decision to overturn the banning of an SMSF trustee for a one-off mistake is likely to be referred to in other cases, despite the ATO downplaying the outcome.

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Death benefits, Tax

Use Div 296 to open death tax discussion

Division 296 tax death benefits SMSF Self-managed superannuation Large balances Heffron Meg Heffron

The potential impact of the proposed Division 296 impost should be a trigger to open conversations around death benefit taxes and reducing large balances as both will carry a cost for fund members.

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ASIC, financial advice

Ex-SMSF adviser jailed for dishonest conduct

SMSF adviser dishonest conduct Bradley Grimm ASIC Banning Ostrava Equities

Action to ban an adviser for dishonest conduct in 2016 has reached its conclusion with the former practitioner sentenced to 18 months’ imprisonment.

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Tax, TPB

PM called on to fix tax agent code

Chartered Accountants Australia and New Zealand CPA Australia Tax Agent Services (Code of Professional Conduct) Determination Stephen Jones Ainslie van Onselen Chris Freeland

A group of industry bodies representing tax agents has called on the Prime Minister to address changes to a new code of conduct in a move that bypasses the relevant minister ahead of a meeting later this week.

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financial advice, Financial Planning

Advice boosts value for clients

Financial advice Value of advice Russell Investments Neil Rogan Value of an Adviser Report

Financial advice added around 6 per cent more value to clients in the past year, with the key aspect being the professional direction and guidance advisers provide.

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In-house assets

In-house asset breach not deferrable

SMSF auditors Self-managed superannuation In-house assets 5 per cent limit SIS Act Red Willow Super Marjon Muizer

Breaches of the in-house asset rules cannot be treated as an end-of-financial-year event, despite some auditors stating this is so, but have an impact on a fund the moment they take place.

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Auditing

Non-fund asset ownership complex

SMSF auditors SMSF trustees Asset ownership corporate trustee SIS Regulations ASF Audits Shelley Banton

Trustees opting to hold an asset for their SMSF will find the only allowable way to do so is to adopt a corporate structure and anything else will breach superannuation regulations.

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Compliance, Tax, TPB

Jones plans tax agent code meeting

Code of Professional Conduct Tax Practitioners Board TPB Stephen Jones IFPA Institute of Financial Professionals Australia Tax Agent Services (Code of Professional Conduct) Determination

The government has invited a group of industry bodies to air their concerns over changes to the tax agent code of conduct, with mandatory reporting being a key issue of concern.

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Accounting

Betashares completes Bendigo Super purchase

Betashares Bendigo Superannuation Acquisition Alex Vynokur

Betashares has completed the purchase of the superannuation operations of Bendigo and Adelaide Bank and plans to expand its service offering to members

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financial advice

Second Dixon-style case looming

Financial Advisers Association Australia FAAA Sarah Abood Dixon Advisory Libertas Financial Planning Compensation Scheme of Last Resort CLSR

The FAAA has raised concerns that a second listed financial advice group may have walked away from its compensation commitments, highlighting problems with the CSLR funding model.

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