News : Regulation

Compliance, Legislation, Pensions, Regulation, SMSF, Strategy, Superannuation

Pension commutation debt waiver secured

Legacy pensions unwound under the five-year amnesty introduced in December last year will not lead to adverse social security outcomes.

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Compliance, financial advice, Financial Planning, Regulation

SMSF member financial abuse more painful

SMSF members who are victims of financial abuse are likely to suffer additional distress as there is no complaint body for the sector.

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ASIC, Compliance, Regulation

Mayfair 101 director ruling reached

The Federal Court has ruled against Mayfair 101 Group director James Mawhinney in several allegations made by ASIC with regard to the organisation’s conduct.

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Division 296, Legislation, Regulation, Superannuation

Div 296 clause may extend tax reach

self managed super, self managed super fund, self managed super funds, self managed superannuation, SMSF, Division 296, parliamentary approval, Section 296-60, regulations, withdrawals, contributions, regulation, authority of parliament

An insertion into tax law as part of the proposed Division 296 measure may give the government a mechanism to extend its reach by regulation.

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Administration, Compliance, Regulation, Valuations

Pre-audit meeting can smooth review

self managed super, self managed super fund, self managed super funds, self managed superannuation, SMSF, asset valuations, Vincents, Mailene Wheeler, unlisted trusts, unlisted companies, SMSF auditor, financial statements, pre-audit discussion

A pre-audit discussion with clients about hard-to-value assets can reduce the need for the auditor to question an SMSF’s financial statements.

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ATO, Regulation, Superannuation, Trusts

High Court can hear Bendel appeal

self managed super, self managed superannuation, SMSF, ATO, High Court appeal, unpaid present entitlements, UPE, Federal Court, Commissioner of Taxation v Bendel, unit trusts, loans, Division 7A, financial accommodation

The High Court has granted leave for the ATO to appeal the Bendel case decision related to the treatment of unpaid present entitlements.

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Compliance, NALI/NALE, Regulation

Law clear on arm’s-length status

self managed super, self managed super fund, self managed super funds, self managed superannuation, SMSF, related-party transactions, non-arm’s-length income, ASF Audits, Shelley Banton, arm’s-length arrangements, section 109, SIS Act, Part 8 associate

How parties can deal with each other on arm’s-length terms is not confusing as super law has clear parameters on what is expected during SMSF transactions.

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Pensions, Regulation

Legacy pension debt waiver still pending

self managed super, self managed super fund, self managed super funds, self managed superannuation, SMSF, commutation, legacy pension, asset test exemption, Heffron, Leigh Mansell, amnesty, legislative instrument, debt waiver, Centrelink, age pension entitlements, disallowance period

While SMSF members have been able to commute legacy pensions since late last year, the regulations waiving Centrelink debts are still not operational.

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ATO, Compliance, Regulation

Penalties highlight member loan flaw

Smarter SMSF, education, Tim Miller, ATO, The Auditors Institute,

Advisers viewing financial assistance to members as a lesser issue than illegal access should examine the related penalties and cease recommending it.

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Contributions, Regulation, Superannuation

Industry calls for payday super delay

Payday Super, Treasury, submission

A consortium of financial services industry groups have asked Treasury to extend the start date of payday super by two years.

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