News : Documentation

Compliance, Documentation, Investments, SMSF

Strategy reviews require evidence

While trustees may be used to documenting their fund’s investment strategy, any changes to it must also be formally recorded for compliance purposes.

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Death benefits, Documentation

Death benefits not reliant on probate

self managed super, self managed super fund, self managed super funds, self managed superannuation, SMSF, death benefit, deceased member, Accurium, Jason Hurst, trustees, probate

In the majority of circumstances, SMSF trustees do not need to wait for probate before they can pay death benefits from a super fund.

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Documentation, Trusts

Trustee appointment in death not equal

self managed super, self managed super fund, self managed super funds, self managed superannuation, SMSF, Trustee appointment, deceased member, executor, director corporate trustee, Accurium, Jason Hurst, ATO guidance

The appointment of individuals to act as trustees in place of a deceased SMSF member does not have to be performed in a proportionate manner.

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Documentation

Disability heightens authentication process

self managed super, self managed super fund, self managed super funds, self managed superannuation, SMSF, Disability, signature authentication, mental capacity, Peter Bobbin, Super Playbook 2025

It is imperative for an SMSF to have a signature authentication process in place to mitigate the risk associated with disability or death.

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Documentation, Superannuation

Refund of early withdrawal possible

self managed super, self managed superannuation, SMSF, withdrawal, condition of release, Accurium, Mark Ellem, refund, SMSF Professionals Day 2025, rectification, error

An accidental withdrawal from an SMSF bank account can be redeposited without consequence as long evidence can prove the transaction was an error.

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Documentation, Pensions

Deed key to stopping legacy pensions

self managed super, self managed superannuation, SMSF, SMSF trustees, legacy pensions, trust deed, commute, commutation, Smarter SMSF, Tim Miller, SuperGuardian, life expectancy pensions, amnesty

Trustees need to pay particular attention to the details contained in the SMSF trust deed before commuting a legacy pension.

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Auditing, Compliance, Documentation

Check existence of old declarations

self managed super, self managed superannuation, SMSF, SMSF auditors, trustee declaration, 10 years, auditor contravention report, ACR, DBA Lawyers, Bryce Figot, ATO, The Auditors Institute

Auditors need to check whether trustees still hold their declarations and take compliance action if they cannot be found.

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Documentation, Investments, Trusts

Past borrowings okay for 13.22C trusts

self managed super, self managed super fund, self managed super funds, self managed superannuation, SMSF, unit trust, SIS Regulation 13.22C, gearing, Accurium, Anthony Cullen, in-house asset rules, borrowings, SMSF Determination 2008/1

A unit trust or company can have previously employed a borrowing arrangement and still allow for an exempt SMSF in-house asset investment under SIS Regulation 13.22C.

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Documentation, Estate Planning, Trusts

Trustee death requires creative response

self managed super, self managed super fund, self managed super funds, self managed superannuation, SMSF, wind-up, Heffron, Annie Dawson, executor, director, corporate trustee, enduring power of attorney, EPOA, section 17A, SIS Act, Sean Johnston

When the sole director of a corporate trustee dies, advisers will need to consider what options are available to allow the fund to be wound up.

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Division 296, Documentation, SMSF

Proposed tax necessitates SAR change

self managed super, self managed super fund, self managed super funds, self managed superannuation, SMSF, SMSF annual return, amendments, Division 296 tax, Colonial First State, Craig Day, ATO, reporting, SMSF administrator

The reporting regime for SMSFs is having to be modified due to additional information that will be required for Division 296 tax calculations.

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