News : Regulation

Legislation, Regulation, SMSF, Tax

Is the Div 296 tax as bad as it’s made out to be?

Division 296 tax Total superannuation balance SMSF Self-managed superannuation $3 million threshold Accurium Anthony Cullen

Having a total super balance below $3 million at 30 June 2026 does not necessarily mean you should ignore the implications of the Division 296 tax.

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Compliance, Contributions, Regulation

Self-assess carry-forward rule use

Concessional contributions Carry-forward provisions SMSF Self-managed superannuation MyGov Self-assessment

Self-assessment is to be used originally to determine if a super fund member is able to use the carry-forward concessional contributions cap rules.

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Auditing, Regulation, SMSF

Auditors must report trustee interference

SMSF SMSF auditor Self-managed superannuation Undue influence SIS Act Superannuation (Industry) Supervision (SIS) Act ATO Auditor contravention report ACR

SMSF auditors could face hefty fines or even prison time if they fail to notify the ATO when a trustee tries to sway the outcome of an audit of their fund.

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Education, Regulation, SMSF

Client aids for regulations wanted

Investment Trends SMSF Self-managed superannuation Regulatory changes Educational content

Practitioners would like more educational material on regulatory changes and industry developments to allow them to service SMSF clients better.

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AAT, Compliance, Regulation, SMSF

Case alters financial assistance view

Superannuation (Industry) Supervision (SIS) Act. AAT Merchant vs Commissioner [2024] ATO SMSF Self-managed superannuation Financial assistance Section 65

An SMSF may be at risk of breaching the SIS Act if it provides financial assistance to related parties, even when conducting seemingly standard transactions.

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Compliance, Regulation, Tax

Rapid changes to tax agent code concerning

SMSF Assocation Chartered Accountants Australia and New Zealand Tax Practitioners Board determination Code of Professional Conduct Tax agents

Government measures that expand the code of conduct for tax agents will be difficult to implement and are being introduced with no consultation, raising concerns for industry bodies.

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AFCA, financial advice, Regulation

Dixon compensation may exceed $135m

Australian Financial Complaints Authority AFCA CSLR Compensation Scheme of Last Resort Dixon Advisory FAAA Financial Advice Association Australia Compensation Advisers

Financial advisers may have to cover over $135 million in compensation claims due to the collapse of Dixon Advisory, reigniting calls for a review of the CSLR funding model.

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Legislation, Regulation, SMSF

Residency rule change may be closer

Residency SMSF Self-managed superannuation Active member test Safe harbour

The proposed changes to the superannuation residency rules first put forward in 2021 may be closer to coming to fruition.

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Documentation, Regulation, SMSF, Trusts

New trust reporting requirements for SMSFs

MTAS Modernisation of Trust Administration Systems SMSF Self-managed superannuation Trusts Capital gains SMSF Association ATO

New ATO reporting rules for SMSFs receiving trust distributions are now in effect, impacting lodgements for the 2024 income year onwards.

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Investments, Property, Regulation, SMSF

Local law limits overseas property exposure

Direct property SMSF Self-managed superannuation Overseas property 13.22C entity In-house assets

While SMSFs can invest in property overseas, Australian laws may consider such an action a breach of trustee obligations and caution should be exercised.

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