News

Death benefits

Assets key in benefit payment timing

SMSF auditor SMSF assets Self-managed superannuation BDO Shirley Schaefer death benefit payments

The entire circumstances relating to SMSF assets need to be considered in determining the realistic timeline applied to death benefit payments.

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Death benefits, Tax

Use Div 296 to open death tax discussion

Division 296 tax death benefits SMSF Self-managed superannuation Large balances Heffron Meg Heffron

The potential impact of the proposed Division 296 impost should be a trigger to open conversations around death benefit taxes and reducing large balances as both will carry a cost for fund members.

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ASIC, financial advice

Ex-SMSF adviser jailed for dishonest conduct

SMSF adviser dishonest conduct Bradley Grimm ASIC Banning Ostrava Equities

Action to ban an adviser for dishonest conduct in 2016 has reached its conclusion with the former practitioner sentenced to 18 months’ imprisonment.

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Death benefits

Benefits can extend beyond dependants

Knowledge Shop Jason Hurst death benefits estate planning SIS dependants tax dependants superannuation

Individuals not classified as dependants under the SIS Act can still receive SMSF death benefits, but specific estate planning steps are required to make this possible.

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Auditing, Insurance

Auditor PI cover familiarity needed

Professional indemnity insurance PI insurance SMSF auditor DBA Lawyers Bryce Figot

SMSF auditors should check their PI insurance policy to determine if it will cover costs arising from a regulator’s review.

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Documentation

Secure all deeds to protect estate

SMSF trust deed Estate planning Accurium Anthony Cullen

Maintaining a complete history of SMSF deeds is essential to defend against potential estate challenges and ensure all legal amendments to the document are valid.

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Tax, TPB

PM called on to fix tax agent code

Chartered Accountants Australia and New Zealand CPA Australia Tax Agent Services (Code of Professional Conduct) Determination Stephen Jones Ainslie van Onselen Chris Freeland

A group of industry bodies representing tax agents has called on the Prime Minister to address changes to a new code of conduct in a move that bypasses the relevant minister ahead of a meeting later this week.

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financial advice, Financial Planning

Advice boosts value for clients

Financial advice Value of advice Russell Investments Neil Rogan Value of an Adviser Report

Financial advice added around 6 per cent more value to clients in the past year, with the key aspect being the professional direction and guidance advisers provide.

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NALI/NALE

NALI capital gain offsets need care

Non-arm’s length expenditure NALE non-arm’s length income NALI Capital gains SMSF Self-managed superannuation Accurium Mark Ellem

SMSFs must exercise great care when they are looking to offset a capital gain on a NALI-tainted asset with a capital loss.

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In-house assets

In-house asset breach not deferrable

SMSF auditors Self-managed superannuation In-house assets 5 per cent limit SIS Act Red Willow Super Marjon Muizer

Breaches of the in-house asset rules cannot be treated as an end-of-financial-year event, despite some auditors stating this is so, but have an impact on a fund the moment they take place.

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