News : SMSF

Compliance, Documentation, SMSF

Establishment test ignores execution location

SMSF establishment test trust deed executed Australian superannuation fund

Where a trust deed is executed is not considered as to whether an SMSF has satisfied the establishment test to be considered an Australian super fund.

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Legislation, SMSF, Superannuation

Govt has taken sides in super wars

NALE $3 million superannuation earnings tax Angus Taylor

The government’s legislative agenda has reignited the superannuation wars and clearly shows it has sided against the SMSF sector.

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ATO, SMSF, Superannuation

Illegal access leads ATO concerns

ATO SMSF illegal early access compliance

The ATO has flagged illegal early access as the leading area of compliance it is working on, noting an increase in funds appearing to break the rules.

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SMSF, Trusts

Dual trustees an unnecessary risk

SMSF corporate trustee Accurium

Administering an SMSF with a trustee and a trustee company could potentially expose the fund’s assets should the company encounter legal or regulatory issues.

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Administration, ATO, Compliance, SMSF, SMSFA

ATO changes agent linking system

ATO online services Client-to-agent linking

The ATO has added an extra security step to its reporting platform for businesses, requiring SMSF trustees to follow it when appointing or changing agents to act on their behalf.

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Administration, SMSF, SuperStream

SuperStream reducing rollover barriers

SuperStream SMSF rollover

SuperStream has made smaller rollovers more cost-effective, but the process still provides little feedback on what is taking place and potential problems that may occur.

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Death benefits, SMSF, Tax

$3m soft cap contains death glitch

$3 million soft cap tax Deceased member Death benefit

A distinct abnormality is contained within the draft legislation pertaining to the $3 million soft cap with regard to deceased super fund members.

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Administration, SMSF

Financial assistance more than cash loan

Financial assistance SIS Act SMSF

Breaches of the financial assistance obligations can extend beyond lending cash, with the rectification measures potentially harsh regardless of the assets involved.

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Administration, SMSF

Avoid Div 293 dual deadline confusion

ATO Division 293 tax

Trustees facing potential Division 293 tax liabilities should promptly respond to ATO notices in respect of the tax and consider using personal funds to settle the liability.

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Compliance, SMSF, Superannuation

Sole purpose must be starting point

SMSF sole purpose test

SMSFs should never try to retrospectively fit fund transactions under the sole purpose test, but use it as a first point of reference when deciding on fund-related actions.

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