News

NALI/NALE

Trustee capacity consideration tweaked

The application of the trustee capacity rules within the ATO’s revised NALI arrangements appears to be less rigid, but responsibility for compliance has not changed.

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financial advice, Financial Planning

Limit SMSF compensation to the fund

The FAAA has called for any money paid to an SMSF via the Compensation Scheme of Last Resort to be limited to the fund and not multiplied by the number of members it contains.

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Retirement, Superannuation

Super recipients more confident on retirement

Retirement SMSF superannuation

Australian superannuants are confident they will have sufficient cash flow in retirement, but prior to that life stage many want to boost their future savings.

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Auditing

Trustee management letter use improper

Self-managed superannuation SMSF auditors trustee management letter market valuations ATO Paul Delahunty

The trustee management letter is not being used appropriately by a number of SMSF auditors, resulting in suboptimal consequences for them.

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Pensions

Legacy pensions won’t create debt

Legacy pension holders will not face any social security debt if they choose to commute their income stream, but will lose any asset text exemptions.

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LRBA, NALI/NALE

Revised LCR maintains stance on LRBAs

Self-managed superannuation SMSF Law Companion Ruling LCR 2021/2DC NALE non-arm’s-length expenditure LRBA limited recourse borrowing arrangement DBA Lawyers Fraser Stead

The changes to the operation of the NALE rules have not flowed through to LRBAs, with the ATO’s revised guidance seeing non-arm’s-length dealings as tainting the arrangement forever.

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ETFs

New single-bond ETFs listed

single-bond exchange-traded funds ETF Income Asset Management Danielle Press

Income Asset Management has released two new single-bond ETFs for the retail market and flagged more would be released in the first half of next year.

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ATO, Auditing, Compliance

ACR required for rectified breaches

SMSF Self-managed super auditor contravention report ACR Accurium Anthony Cullem Seamless SMSF Frank La Spada compliance breach rectification

An SMSF compliance breach that has been rectified in the year in which it occurred will still have to have an ACR lodged for it with the ATO.

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Pensions

Act cautiously with pension amnesty

SMSF Self-managed super Heffron Meg Heffron Legacy pensions Asset test exemption transfer balance cap commutations

Using the five-year amnesty to commute a legacy pension will require caution where the new rules interact with other superannuation, tax and social security laws.

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Documentation, SMSF, Tax

Correct SAR values needed for accurate TSB

SMSF Self-managed super IFPA Institute of Financial Professionals Australia Natasha Panagis Annual return accumulation phase values retirement-phase values total super balance TSB

The correct reporting of a total super balance can be skewed heavily if accumulation and retirement-phase values are poorly reported in an SMSF annual return.

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