News : Compliance

ASIC, Compliance, Death benefits, Insurance

Cbus faces court over insurance delays

Cbus United Super Death benefit Total and permanent disability insurance ASIC Federal Court

ASIC has begun court action against industry fund Cbus alleging long delays in the payment of insurance claims that impacted more than 10,000 members.

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Administration, Compliance, NALI/NALE, SMSF

Stand-alone corporate trustee reduces risks

SMSF Self-managed superannuation Corporate trustee NALE Non-arm's-length expenditure Taxation Ruling 2010/1 Dan Butler DBA Lawyers

Using a corporate trustee for multiple purposes could expose an SMSF to compliance risks, particularly given the uncertainty surrounding the treatment of NALE.

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Compliance, financial advice, Insurance

Seek legal advice on injury contribution

Self-managed superannuation SMSF personal injury settlement settlement compensation superannuation contribution BT Financial Group Tim Howard

Practitioners advising SMSF members on using personal injury settlements for super contributions should ensure the payments meet key eligibility criteria.

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Auditing, Compliance, SMSF

Incomplete audit files a key error

Audit file Notation Market valuation Error

Lack of notation in the official files relating to procedures performed as part of an SMSF audit is the most common error made by practitioners.

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Compliance, SMSF

SAR non-lodgement now more concerning

SMSF annual return Non-lodgement ATO SAR SMSF

SMSFs failing to lodge annual returns is becoming a bigger problem for the sector as a whole and is causing significant angst for the ATO.

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Administration, Compliance, NALI/NALE

PCG 2016/5 not absolute for NALI

Safe harbour PCG 2016/5 NALI non-arm's-length income LRBA Limited recourse borrowing arrangement SMSF Self-managed superannuation ATO Paul Delahunty

Not satisfying the LRBA safe harbour rules defined in PCG 2016/5 will not necessarily trigger the non-arm’s-length income provisions.

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ASIC, Auditing, Compliance

SMSF auditors sanctioned over fee source

ASIC SMSF auditors Independence standards ATO Referral

ASIC has suspended the registrations of three SMSF auditors following an investigation that found significant breaches of the independence standards.

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Administration, Compliance, Pensions

TRIS strategy can mean access risk

Colonial First State Craig Day transition-to-retirement income stream illegal early release SMSF Self-managed superannuation TR 2013/5 ATO

Starting and stopping a transition-to-retirement income stream multiple times in one year may trigger compliance issues for an SMSF.

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ATO, Compliance

New funds monitored for illegal access

SMSF Self-managed superannuation ATO Super Fund Lookup SFLU Registration Establishment illegal access

The ATO is closely monitoring the registration details of new SMSFs to identify any fraudulent activity or attempts to illegally access superannuation entitlements.

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Compliance, Documentation, financial advice

FSG requirement relief welcomed

Delivering Better Financial Outcomes DBFO Financial Advice Association Australia FAAA Phil Anderson financial services guide FSG relief

The peak financial planning industry body has endorsed ASIC’s recent relief that will reduce red tape and costs associated with providing financial advice.

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