News : Legislation

ATO, Legislation, SMSF, Superannuation, Tax, Trusts

Avoid state trustees in estate plans

Cooper Grace Ward, Sarah Camm, Gainer, Clinton Jackson, Annual Adviser Conference, Brisbane, ATO,

State or public trustees should be avoided as a back-up plan in SMSF estate plans as they often don’t want the job and assigning it to them could breach superannuation laws.

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Legislation, Tax

Up in the air

The fate of the Division 296 tax is facing different challenges and scenarios in the face of the upcoming federal election.

The fate of the Division 296 tax is facing different challenges and scenarios in the face of the upcoming federal election.

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Administration, ATO, Legislation, SMSF, Superannuation

Slight advisory impact, but no substance

Federal budget, financial advice, FAAA, Financial Advice Association Australia, ATO, Phil Anderson,

The federal budget has included a few measures impacting advisers, but lacks any detail regarding the greater financial services sector.

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financial advice, Legislation

FAAA critical of DBFO proposals

The FAAA has called the next round of proposed DBFO changes disappointing given the time the government has had to work on the measures.

The FAAA has called the next round of proposed DBFO changes disappointing given the time the government has had to work on the measures.

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financial advice, Financial Planning, Legislation

SOAs to go under further DBFO reform

Delivering Better Financial Outcomes, DBFO, Stephen Jones, Treasury, Federal Election, Parliament, Client Advice Record, 

The statement of advice may soon be replaced with a client advice record under the next stage of the government’s advice reform package.

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Auditing, Legislation, SMSF, Superannuation

Cold-caller operations a concern

SMSF Association, Peter Burgess, 2019 Hayne Royal Commission, Code of Ethics, SMSFs,

The SMSF Association is concerned about the rise in the number of cold-calling operations encouraging people to set up a fund, noting they breach consumer protection laws.

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Compliance, Legislation

Financial assistance can be indirect

SIS Act, SMSF, financial assistance, superannuation Superannuation Industry (Supervision) (SIS) Act, compliance, SMSF trustees, section 65, family trusts, unit trusts, Cooper Grace Ward, Scott Hay-Bartlem, SMSF Association National Conference 2025, Administrative Appeals Tribunal, Merchant v Commissioner of Taxation

The legal provisions in the SIS Act preventing an SMSF from providing financial assistance to any parties are very broad in their application.

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Financial Planning, Legislation, SMSF, Superannuation

Coercive control an issue for SMSFs

Coercive control, domestic violence, SMSF, SMSFA, Tracey Scotchbrook, Parliamentary Joint Committee, ATO, SMSF Association National Conference 2025,

SMSFs have been identified as a financial structure that perpetrators of domestic violence and coercive control can use to their advantage.

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Legislation, SMSF, Superannuation

Adviser loses ban appeal

A Melbourne-based adviser, first flagged over dishonest conduct nearly a decade ago, has lost an appeal to have his conviction and imprisonment overturned.

A Melbourne-based adviser, first flagged over dishonest conduct nearly a decade ago, has lost an appeal to have his conviction and imprisonment overturned.

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Compliance, Legislation, Regulation

Waiting for final legislation unnecessary

Advisers have been told not to wait until legislation and regulatory changes have been finalised before including them in their business operations.

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