Articles by Todd Wills

Regulation, Retirement, Superannuation

Govt releases super objective draft bill

Superannuation objective

Treasury has released a draft exposure bill outlining the objective of the superannuation system, which will include a requirement for future policies to show how they align with the objective.

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Administration, Compliance, SMSF

Offshore member status needs consideration

SMSF residency rules

SMSFs with members living overseas should be reviewing their stake in the fund to ensure they are not breaching residency rules, which have not changed despite government announcements.

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Administration, Auditing, SMSF

Resolution key for sign-offs

Preparing financial statements

A resolution requiring the approval of all members of an SMSF in preparing financial statements may negate the risk of a dispute and ensure compliance within the fund.

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Compliance, NALI/NALE, Property, SMSF

Commercial lease negates NALI

NALI

A rise in the market value of an SMSF property is unlikely to trigger the NALI rules if a commercial lease with the tenant exists.

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LRBA, SMSF, Tax

LRBA deductions limited to borrowing

LRBA deductions

An SMSF with an LRBA in place can claim deductions only for costs associated with borrowing activities and not for any expenses related to the loan’s establishment.

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ESG, Investments

ESG credentials to be scrutinised

Zenith Greenwashing

Regulators are tightening their grip on greenwashing, with even accurate details used to promote a financial product’s ESG credentials coming under examination.

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Contributions, Tax

Acceptance rules top priority

superannuation contributions

Before advising clients on superannuation contributions, SMSF practitioners should first consider the acceptance rules trustees are bound by.

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Retirement, Superannuation

Importance of super welcomed

2023 intergenerational report

A representative body has praised the government’s approach to superannuation as a driver of retirement income, but believes further improvements to the system are necessary.

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In-house assets

Exercise caution with in-house asset exemptions

SMSF property development in-house asset related parties

Trustees should be wary of relying on exemptions in the SIS Act to avoid a property development project becoming an in-house asset.

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Estate Planning, Management, SMSF, Strategy

Power of attorney critical in incapacity

SMSF trustee enduring power of attorney

Nominating an enduring power of attorney prior to the possibility of incapacity is vital for SMSF trustees to avoid lengthy legal proceedings.

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