News : ATO

ATO, In-house assets, Regulation

Complexity raises sole purpose risk

SMSF Self-managed superannuation Sole purpose test Related party transaction current day benefit Cooper Partners Financial Services Jemma Sanderson

SMSF trustees and practitioners should look beyond obvious issues regarding the sole purpose test when dealing with related parties as greater complexity raises the likelihood of breaching it.

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ATO, SMSFA, Superannuation

Spike in super release for medical costs

Release of superannuation Compassionate grounds Medical treatment ATO Dental Weight-loss

Requests to access superannuation on compassionate grounds rose in 2023/24, with a notable lift in applications for dental and weight-loss treatments.

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ATO, Pensions

TR 2013/5 amplifies ATO discretion

Minimum pension Tax ruling TR 2013/5 Accurium Mark Ellem SMSF Self-managed superannuation

The update to Tax Ruling 2013/5 means the discretionary powers of the ATO will likely be more significant when a minimum pension has not been paid.

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ATO, SMSF

Younger members keep driving growth

ATO SMSF statistical report New funds establishment self-managed superannuation

Over 30,000 new SMSFs were established in the 2024 income year, with a record number created in the June quarter, largely driven by younger cohorts.

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ATO, Compliance, SMSF

Sole purpose test misinterpreted

ATO SMSF Sole purpose test Property development

The application of the sole purpose test is often misunderstood when SMSFs become involved in a property development arrangement.

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ATO, Regulation, SMSF

Non-residency must be reported

Annual return ATO SMSF Residency Central management and control test

The non-resident status of an SMSF must be reported to the ATO rather than it informing practitioners of that fact as they would have the information before the regulator.

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ATO, Auditing

ATO auditor data revelations

SMSF Self-managed superannuation SMSF auditor ASIC ATO referrals DBA Lawyers Bryce Figot audit evidence market valuations

ATO SMSF auditor guidance is a useful reference tool to mitigate compliance issues these practitioners may encounter when performing their duties.

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ATO, Superannuation

Line between adviser and promoter thins

Illegal early release Illegal early access superannuation SMSF Association Mary Simmons PS LA 2021/1

The most recent update of Practice Statement Law Administration 2021/1 has broadened the ATO’s powers regarding illegal early release schemes.

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ATO, Compliance

Penalty regime for promoters updated

ATO Promoter penalty regime PSLA 2021/1 Illegal early access superannuation

The ATO will have more time and a wider brief to target those who promote schemes to gain illegal early access to superannuation.

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