Articles by Todd Wills

Compliance, Investments, Property, SMSF

Property development loans add risk

Property development NALI Loans Guarantees SMSFRB 2020/1

SMSF trustees who provide a guarantee for a property development project loan may expose the fund to non-arm’s length income penalties.

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ASIC, Compliance

AFSL cancelled due to adviser misconduct

ASIC Australian financial services licence AFSL Octillion Partners SMSF advice Shane Allen Rose

ASIC has cancelled the license of a Queensland-based advice firm due to the non-compliant activities of one of its SMSF advisers.

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ATO, SMSF

Law vague re SMSF unit trust role

SMSF Unit trusts NALE NALI LCR 2021/2 SIS Act

Guidance regarding whether SMSF trustees can provide services to a related unit trust without breaching the non-arm’s length income rules is unclear and ambiguous.

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financial advice, Financial Planning

FAAA wants CSLR funding clarity

AFCA CSLR Dixon Advisory FAAA Financial Advice Association Australia compensation scheme of last resort

The FAAA has once again called on Treasury to explain why advisers should be forced to fund compensation claims arising from the Dixon Advisory case.

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Administration, SMSF, Tax

$3m cap adds to divorce complexity

Divorce Division 296 tax SMSF Withdrawals Contributions Earnings calculation

Calculating a final financial position in the event of a divorce may become more difficult when the Division 296 tax is introduced.

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ETFs, Investments

Betashares debuts bank bond ETF

BSUB Bonds Banks ETF Betashares

Betashares has unveiled Australia’s first pure-play tier 2 bank credit exchanged traded fund offering access to bonds issued by large Australian banks.

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Administration, Estate Planning, SMSF

Caution needed with multi-purpose deeds

SMSF Will BDBN binding death benefit nomination Deed DBA Lawyers SMSF

SMSF practitioners should carefully examine deeds that are designed with multiple features as these could potentially complicate estate planning matters for a fund.

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Legislation, SMSF, SMSFA, Tax

Div 296 will hit more than 3500 farms

Division 296 tax Farms SMSF Primary production land Indexation

The SMSF Association has presented data to a Senate committee suggesting over 3500 farms will be impacted when the $3 million soft cap is introduced.

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Insurance, Regulation, SMSF

Insurance consideration ineffective

Life insurance SMSF Liability Investment strategy

The number of SMSFs holding life insurance appears to not have increased significantly since the introduction of a requirement to consider these policies as part of a fund’s investment strategy.

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Auditing, Compliance, In-house assets

ASIC check crucial for IHA compliance

ASIC register in-house assets Related party Auditor SMSF

To avoid running into in-house asset issues, auditors should review company details held on the ASIC register to determine if an SMSF is dealing with a related party when conducting a transaction.

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