News : Compliance

ASIC, Compliance

ASIC warns advisers on best interest duty

The corporate regulator has used the upholding of a ban on a former Westpac adviser who advised clients on SMSFs as a reminder to financial advisers of the importance of complying with the best interest duty and conducting reasonable investigations to ensure their advice is in the best interests of clients.

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Compliance, Regulation

Put clients on notice with NALI

Advisers with SMSF clients who do not use a real estate agent may run into issues with non-arm’s-length income (NALI) due to the lack of clarification in a bill currently before Parliament and therefore must inform clients of this possibility, an industry lawyer has warned.

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Compliance, Property, Strategy

ATO to keep close tabs on property sole purpose

There may be no general prohibition against SMSFs investing in property development, but given the regulatory rules, it is very difficult for SMSFs to maintain compliance, a lawyer has warned.

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Administration, Auditing, Compliance

SISFA outlines audit eligibility criteria

SMSF trustees who have received an auditor management letter or any fund that has breached the superannuation legislation should not qualify for the three-year audit cycle for at least three years, according to an SMSF advocacy group.

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Accounting, Compliance

IPA will support licensed accountants

The Institute of Public Accountants (IPA) has revealed should the accountants’ exemption be reinstated, it will look to support its members who have completed licensing requirements under the current regime.

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ATO, Compliance

‘Disqualified persons’ needs better explanation

Accountant; SMSF; defrauded

SMSF practitioners must ensure they educate all prospective trustees on the definition of a disqualified person as many are unaware of what it means and some could find they are not permitted to act as an individual or corporate trustee.

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Accounting, Compliance

Strong response to accountants’ exemption

The Institute of Public Accountants (IPA) has revealed it has received support from its members to lobby for the return of the accountants’ exemption, with plans to notify the federal government as soon as possible rather than wait for the next election.

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Auditing, Compliance

Five reasons why a data feed isn’t an SMSF audit

There is a perception in the SMSF industry that once a data feed is in place, there is nothing left for an auditor to do.

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Compliance, Regulation, Superannuation

Trust deed position for FHSSS confused

The role an SMSF trust deed plays in allowing the use of the First Home Super Saver Scheme (FHSSS) remains slightly unclear, according to a superannuation specialist lawyer.

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Compliance

SMSFs must tackle looming dementia issue

The reality of mental incapacity later in life needs to be urgently addressed by all SMSF trustees and practitioners to protect against complex scenarios and outcomes, an SMSF expert has warned.

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