News : Compliance

AAT, ATO, Compliance, Contributions, Superannuation

Divorce doesn’t alter contribution rules

Non-concessional contribution Divorce AAT Total superannuation balance ATO Special circumstances

The AAT has upheld an ATO decision that divorce-related superannuation splits are not special circumstances that alter how contribution caps will be applied.

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ATO, Compliance, Regulation

Sole purpose tough with some transactions

SMSF Self-managed superannuation Sole purpose test Related party Property development ATO Cooper Partners Financial Services Jemma Sanderson

SMSFs may be better off avoiding complex related-party transactions if the effort to enact them exceeds the work required to comply with the sole purpose test.

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Compliance, Property, SMSF

SMSF in administration can sell property

Re Absolute Vision Technologies SMSF Property Administration Sladen Legal Terence Wong Self-managed superannuation

The NSW Supreme Court has ruled a former SMSF trustee can sell a property while in administration on the provision the fund’s existing members consent to the sale.

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Compliance, Estate Planning, financial advice

Estate planning commitment needed

Estate planning BDBN Binding death benefit nomination SMSF Self-managed superannuation Accurium View Legal

If accountants and advisers are looking to provide estate planning services, they must be unwavering in their efforts to do so to mitigate legal risk.

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Compliance, NALI/NALE, Property

Use separate deals to avoid in-specie NALI

In-specie transfer Property NALI Non-arm's-length income SMSF Self-managed superannuation

SMSF trustees can steer clear of NALI with a simple adjustment when acquiring property via a part purchase and in-specie transfer transaction.

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Compliance, Regulation, Tax

Tax agent code changes finalised

Code of professional conduct for tax agents Tax Agent Services (Code of Professional Conduct) Amendment (Measures No 2) Determination 2024

The proposed changes to the code of professional conduct for tax agents will be tabled in parliament after the government and industry agreed to a final round of changes.

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Auditing, Compliance, SMSF

Borderline issues require an ACR

ACR Auditor Contravention Report ATO ASIC SMSF Self managed super fund auditor

An Auditor Contravention Report should be lodged with the ATO in situations involving marginal compliance breaches to reduce practice management risk.

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ASIC, Auditing, Compliance

ASIC sanctions 13 SMSF auditors

ASIC ATO SMSF Auditors Self-managed superannuation

ASIC has removed nine SMSF auditors from practice and imposed conditions on four more practitioners after referrals from the ATO.

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Compliance, Contributions

Strategic classification can null NCC issues

SMSF Self-managed superannuation Heffron Lyn Formica non-concessional contributions personal super contribution bring forward period

An accidentally triggered non-concessional contribution bring forward provision may be reversed by following a particular course of action.

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Auditing, Compliance, SMSF

SIS Reg 13.14 approach changed

Charge over assets Trustee representation letter SIS regulation 13.14 SMSF auditors DBA Lawyers Bryce Figot

The ATO has significantly adjusted its attitude toward the evidence auditors should obtain in determining whether a charge is held over an SMSF asset.

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