News : Compliance

Compliance, Contributions, NALI/NALE

NALI sidestep may breach other rules

Self managed superannuation fund, Self managed super, SMSF, trustee, NALI, reimbursement, fund expenses, non-arm’s-length, ASF Audits, Shelley Banton, property, deposit, contribution, non-arm’s-length income, NALI, compliance breach, auditor contravention report, ACR

An SMSF reimbursing a trustee for fund expenses may avoid NALI, but can create other breaches under superannuation law.

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ASIC, Compliance, financial advice

ASIC moves against 18 finfluencers

Australian Securities and Investments Commission, ASIC, warning, social media, finfluencers, unlicensed financial advice, Alan Kirkland, contracts for difference, over-the-counter derivatives

The corporate watchdog has served warning notices to 18 individuals as part of a global crackdown on unlawful ‘finfluencer’ activity.

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Compliance, NALI/NALE, Regulation

Law clear on arm’s-length status

How parties can deal with each other on arm’s-length terms is not confusing as super law has clear parameters on what is expected during SMSF transactions.

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ATO, Auditing, Compliance

Audit guidance reissued by ATO

SMSF, self managed super, audit, SMSF auditors, guidance, ATO, Part B, SIS Act, SIS Regulations, SMSF trustees, auditor contravention report, ACR

The ATO has released a lengthy guide on what it expects SMSF auditors to consider, noting these requirements are its minimum expectations.

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ATO, Compliance

Trustee disqualifications track downwards

SMSF, self managed super, ATO, disqualifications, SMSF trustees, Disqualified Trustee Register, Federal Register of Legislation, SMSF Association, non-compliance, superannuation laws

New ATO figures have shown the number of SMSF trustees disqualified this financial year is tracking to be lower than the previous 12 months.

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ATO, Compliance

Dishonesty not only disqualification criteria

SMSF, self managed super, Dishonesty, disqualification, trustee, disqualified person, dishonesty offence, convictions, ATO, civil penalty orders, bankrupt, ASIC, APRA, corporate trustee, waiver

The grounds that make it ineligible to act as an SMSF trustee extend past illegal acts, but may be waived if specific information is provided.

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ASIC, Compliance, financial advice, Financial Planning

Adviser convicted for dishonesty

Financial adviser, superannuation, dishonest conduct, David Mario Valvo, Downing Centre District Court, Your Financial Freedom, ASIC, Wealthtrac

A former adviser who accessed clients’ superannuation accounts using false documents has been convicted of dishonest conduct and forced to repay his clients.

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ATO, Compliance, Regulation

Penalties highlight member loan flaw

Smarter SMSF, education, Tim Miller, ATO, The Auditors Institute,

Advisers viewing financial assistance to members as a lesser issue than illegal access should examine the related penalties and cease recommending it.

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Compliance, Documentation

Resolutions use can lessen disputes

Member disputes, Accurium, education, Mark Ellem, Neal Dallas,

Adopting a practice of using resolutions to verify every course of action an SMSF undertakes can effectively mitigate member disputes.

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Compliance, Trusts

Trustee duties go beyond the deed

SMSF trustees must keep in mind the SIS Act dictates their responsibilities in running a fund go beyond those contained in the trust deed.

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