News

Pensions

Govt unveils legacy pension exit plan

legacy pensions reserves lifetime pension life expectancy pension market-linked income streams commutation regulations Stephen Jones

The government has released plans that will open a five-year window for SMSF members to exit legacy pensions and allocate reserves to specific members without impacting contribution caps.

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Documentation, SMSF

All new client docs need reviewing

SMSF documents

Practitioners need to sight and review all relevant SMSF documents and not just those that are easy to access when looking take on a new client.

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AAT, Contributions, Tax

AAT rules unused super caps must apply

AAT Administrative Appeals Tribunal ATO Unused concessional contributions Carry-forward concessional contributions WTBW and Commissioner of Taxation [2024] Income Tax Assessment Act 1997 Division 293 tax

The AAT has upheld the ATO’s rejection of a taxpayer’s claim they can choose whether to apply the unused concessional contributions cap carried forward from previous years.

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Retirement

Retirement funding sources to evolve

2024 Super Members Engagement Report Investment Trends Retirement Superannuation savings Irene Guiamatsia Age pension

Australians expect to rely less on the age pension and more on their own superannuation savings, investments and their partner’s savings as income to support their retirements.

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NALI/NALE, Tax

Scheme needed to trigger NALI

Non-arm's-length expenditure Non-arm's-length income NALE NALI Scheme Income Tax Assessment Act (ITAA)

In determining if an SMSF has a NALI or NALE issue, it must first be established if a scheme exists with the arrangement in question.

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Contributions, Strategy

Contribution split equal balance not required

Contribution splitting Concessional contribution Spouse Age pension

Using contribution splitting to intentionally keep super balances uneven is a legitimate strategy that opens up other opportunities for members to access or grow their funds.

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BDBNs, Estate Planning, SMSF

BDBN execution hinges on witness process

BDBN Binding death benefit nomination Executor Will In the matter of Gainer Associates Pty Ltd Estate planning

A recent NSW Supreme Court case has underscored the estate planning risks associated with not properly executing a binding death benefit nomination tied to an SMSF.

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Administration, Technology

Long starts AI-powered admin firm

Olivia Long SMSFAI artificial intelligence AI SMSF administration Digital Rapport David Cowling

Olivia Long has launched a new SMSF administration firm that will use artificial intelligence to produce client reports, with plans to use it across the entire reporting process.

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Tax

Tax write-offs for scams possible

SMSF Self-managed superannuation Heffron Lyn Formica investment scam tax deduction capital loss

Favourable tax treatment may be available to SMSF members who have been victims of an investment scam in certain circumstances.

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Estate Planning

Strategy key to post-death control

SMSF Self-managed superannuation Smarter SMSF Tim Miller legal personal representative appointment

Careful planning is essential to maintain control of an SMSF after a member’s death as appointing a legal personal representative can be complex.

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