News : Administration

Administration, Regulation, SMSF

Check SMSF trustee constitutions for capacity gaps

SMSF constitution Capacity Director Corporate trustee SMSF self-managed superannuation DBA Lawyers Dan Butler

The constitution of an SMSF should include an appropriate process for handling the possible incapacity of a director of the corporate trustee.

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Administration, Compliance, NALI/NALE, SMSF

Stand-alone corporate trustee reduces risks

SMSF Self-managed superannuation Corporate trustee NALE Non-arm's-length expenditure Taxation Ruling 2010/1 Dan Butler DBA Lawyers

Using a corporate trustee for multiple purposes could expose an SMSF to compliance risks, particularly given the uncertainty surrounding the treatment of NALE.

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Administration, SMSF, Superannuation

Reconsider voting by member balance

Constitution Voting rights Superannuation balance SMSF Corporate trustee Self-managed superannuation fund

Account balance-based voting in SMSF corporate trustee company constitutions may lead to an added administration burden and unfair outcomes.

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Administration, SMSF, Technology

SMSF management becoming a breeze

SMSF Administration AI Artificial intelligence

The use of artificial intelligence can make SMSF management significantly easier and give trustees peace of mind with regard to compliance.

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Administration, Legislation, Pensions

Defining reserves key to pension exit

Reserve Legacy pension Non-concessional contributions cap Concessional contribution cap Commutation

The definition of a reserve is likely to impact the extent to which it can be extinguished under the proposed legacy pension amnesty.

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Administration, Compliance, NALI/NALE

PCG 2016/5 not absolute for NALI

Safe harbour PCG 2016/5 NALI non-arm's-length income LRBA Limited recourse borrowing arrangement SMSF Self-managed superannuation ATO Paul Delahunty

Not satisfying the LRBA safe harbour rules defined in PCG 2016/5 will not necessarily trigger the non-arm’s-length income provisions.

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Administration, Compliance, Pensions

TRIS strategy can mean access risk

Colonial First State Craig Day transition-to-retirement income stream illegal early release SMSF Self-managed superannuation TR 2013/5 ATO

Starting and stopping a transition-to-retirement income stream multiple times in one year may trigger compliance issues for an SMSF.

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Administration, ECPI, Tax

ECPI method can impact investment strategy

SMSF Self-managed superannuation Accurium Anthony Cullen ECPI exempt current pension income investment strategy segregation of assets

Trustees using the segregated method to calculate ECPI must have this decision reflected in the SMSF’s investment strategy in some circumstances.

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Administration, SMSF

AI a good SMSF administration fit

Artificial Intelligence AI SMSF administration self-managed superannuation Olivia Long

Artificial intelligence has the ability to automate many SMSF administration procedures and improve sector efficiency.

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