News : Compliance

Administration, ATO, Compliance, SMSF, SMSFA

ATO changes agent linking system

ATO online services Client-to-agent linking

The ATO has added an extra security step to its reporting platform for businesses, requiring SMSF trustees to follow it when appointing or changing agents to act on their behalf.

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Compliance, Legislation, NALI/NALE, Tax

NALE bill doesn’t extend amnesty

NALE ATO Non-arm's length expenditure PCG 2020/5

SMSF trustees cannot rely on PCG 2020/5 from 1 July 2023 to avoid a severe tax penalty should they incur non-arm’s-length general expenses.

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Compliance, Contributions, Legislation, Superannuation

Payday super needs new penalty regime

Superannuation guarantee Contributions SG Payday super IFPA

Government plans to align super contributions with salary payments should be accompanied by a progressive penalty system.

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Compliance, SMSF, Superannuation

Sole purpose must be starting point

SMSF sole purpose test

SMSFs should never try to retrospectively fit fund transactions under the sole purpose test, but use it as a first point of reference when deciding on fund-related actions.

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Accounting, Administration, ATO, Compliance, SMSF

SMSF loans still a compliance risk

SMSF loans ATO Related party transactions

The ATO has urged SMSF trustees to carefully examine any borrowing arrangements in place and verify they are in full compliance with essential regulatory requirements.

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ASIC, Compliance, Investments, Pensions

SMSF investment firm’s assets frozen

ASIC Brite advisors Asset freeze

ASIC has successfully applied to the Federal Court to freeze the assets of a company that provides SMSF investment services after it failed to provide financial statements and auditor reports.

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Auditing, Compliance

Question trustee sole purpose compliance

SMSF auditor trustee representation sole purpose test compliance

SMSF auditors can look past trustee representation letters to ensure a fund meets the sole purpose test with benefits and expenses a useful indicator of compliance.

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ATO, Auditing, Compliance

Auditor independence still targeted

SMSF auditors independence ATO

The ATO has identified a number of auditors who are still failing to meet independence requirements and will engage in targeted reviews and compliance action.

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Compliance

Valuations validate related-party transfers

SMSF related party transactions valuation arm's length

While not required to do so, SMSFs should seek valuations when disposing of assets to a related party to prove the transactions were at arm’s length.

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