News

SMSF, Tax

Govt again urged to revise Div 296 tax

Division 296 tax, Division 296, SMSF, self-managed super, self-managed superannuation, SMSF Association, calculation, unrealised capital gains, SMSF trustees, Peter Burgess

The government has again been implored to rethink its Division 296 tax policy amid reports it has caused panic selling of assets among SMSFs.

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ASIC, Compliance, financial advice, Financial Planning

Adviser convicted for dishonesty

Financial adviser, superannuation, dishonest conduct, David Mario Valvo, Downing Centre District Court, Your Financial Freedom, ASIC, Wealthtrac

A former adviser who accessed clients’ superannuation accounts using false documents has been convicted of dishonest conduct and forced to repay his clients.

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LRBA

Bare trust restricts asset treatment

Bare trust, limited recourse borrowing arrangement, LRBA, loan SIS Act, ASF, Shelley Banton, single acquirable asset, SMSF, self-managed super, self-managed superannuation, charge over an asset, related party, PCG 2016/5

Certain restrictive conditions will apply to an asset that is left in a bare trust after an LRBA has been paid off.

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SMSF, Superannuation, Tax

Start-ups to suffer under Div 296

Division 296 tax, Geoff Wilson, Wilson Asset Management, SMSF, self managed super, self managed superannuation, unrealised capital gains, start-up enterprise, start-ups, sequencing risk,

Superannuant reaction to the Division 296 tax introduction will have a profound effect on start-up enterprises in the immediate future.

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ATO, SMSF, Superannuation

Trustee disqualification affirmed

SMSF trustee, disqualification, self managed super, self managed superannuation, Administrative Review Tribunal, ART, ATO, Omibiyi and Commissioner of Taxation, Oladokun Omibiyi, loan to members, SIS Act, contravention

An SMSF trustee who made more than 100 withdrawals from his fund has failed to have his disqualification overturned on appeal.

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Education, financial advice, Financial Planning

Advisers urged to update FAR details

Thousands of advisers are in danger of not being able to practice beyond 2025 as they have failed to update their education details on the FAR.

Thousands of advisers are in danger of not being able to practice beyond 2025 as they have failed to update their education details on the FAR.

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Legislation, Pensions, SMSF, Superannuation

Legacy pension may force Div 296 strategy

Legacy pension, Division 296 tax, SMSF, self managed super, self managed superannuation, lump sum, $3 million, Heffron, Meg Heffron, complying lifetime pension, complying life expectancy pension, flexi pension, commutation, reserve allocation, total super balance, pension commutation

SMSF members with legacy pensions may need to act before 30 June this year to avoid being caught by the Division 296 tax.

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ATO, Education, NALI/NALE

TR 2010/1DC2 delivers double blow

Draft tax ruling TR 2010/1DC2, contribution rules, non-arm’s length expenditure, NALE, Accurium, Anthony Cullen, concessional contribution, GYBW, SMSF, self managed super, self managed superannuation

The latest draft tax ruling 2010/1DC2 has seen the ATO change its approach to the value of an asset has shifted due to a non-commercial arrangement.

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