News

Contributions

In-specie contribution receipt varied

In-specie contribution, receipt, SMSF, self managed super, Accurium, Jason Hurst, Taxation Ruling 2010/1, beneficial ownership, direct shares, property, SMSF Professionals Day

Specific practicalities must be taken into account for different asset classes when officially recognising in-specie contributions.

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Documentation

All fund actions should be recorded

Self managed super, SMSF, documentation, arm’s length, superannuation law, ASF Audits, Shelley Banton, section 109, SIS Act, NALI, Division 296 tax, market valuations, sole purpose, financial assistance, in-house assets, non-arm's-length

Every action that takes place within an SMSF should be documented to show they all happened at arm’s length and were compliant with superannuation law.

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Investments, Superannuation

Div 296 prompts flows to super alternatives

Division 296, SMSF, self managed super, superannuation, investment bonds, Generation Life, Felipe Araujo, wealth transfer, death benefits

The proposed Division 296 tax has changed the behaviour of investors, who are now looking at alternatives outside of superannuation to mitigate its impact.

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financial advice, Financial Planning

CSLR spends less than levy estimate

CSLR, levy, claims, financial advisers, Compensation Scheme of Last Resort, David Barry, Dixon Advisory and Superannuation Services

The slow rate of claims received by the CSLR means it will not use the full amount of levy collected from financial advisers.

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ATO, Compliance

Dishonesty not only disqualification criteria

SMSF, self managed super, Dishonesty, disqualification, trustee, disqualified person, dishonesty offence, convictions, ATO, civil penalty orders, bankrupt, ASIC, APRA, corporate trustee, waiver

The grounds that make it ineligible to act as an SMSF trustee extend past illegal acts, but may be waived if specific information is provided.

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Tax

Death benefits may trigger Div 296

Death benefits, Division 296, income streams, total super balance, $3 million threshold, SMSF, self managed super, TSB, DBA Lawyers, Shaun Backhaus, Division 296 calculations, proportion of earnings, reversionary pension

The Division 296 tax will require a review of income streams that push total super balances close to the $3 million threshold.

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financial advice, Financial Planning

Advice fee deductibility guide issued

Financial advice fee, tax deductibility, guide, tax deduction, Financial Advice Association Australia, FAAA, Chartered Accountants Australia and New Zealand, CAANZ, CPA Australia, Institute of Public Accountants, ATO, Taxation Determination 2024/7, Sarah Abood, Phil Anderson

New joint guidance outlines three means by which advisers can calculate the apportionment of financial advice for tax purposes.

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SMSF, Tax

Assistant minister fails basic maths on tax

SMSF, self managed super, Division 296, concessional treatment, superannuation earnings, Accurium, Mark Ellem, Assistant Minister for Treasury, Andrew Leigh, $3 million, SMSF Professionals Day, tax rate, 30 per cent

An SMSF educator has noted errors made by an assistant minister about the Division 296 tax highlight its impact will be greater than first proposed.

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Contributions

Avoid post-return reallocations

SMSF, self managed super, contribution allocation, reallocation, annual return, false declaration, Heffron, Lyn Formica

Reallocating a contribution after financial statements have been lodged is unethical and may lead to penalties for those who engage in this behaviour.

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