News

ATO, Auditing

Detail evidence provided to ATO

Administrative Review Tribunal, ATO, audit evidence, audit files, Bryce Figot, burden of proof, DBA lawyers, SMSF auditors, soft copy

Audit evidence provided to the ATO should be done in soft copy with a complete list of all documents to prevent loss and mistakes impacting its decisions.

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Compliance, Legislation

Financial assistance can be indirect

SIS Act, SMSF, financial assistance, superannuation Superannuation Industry (Supervision) (SIS) Act, compliance, SMSF trustees, section 65, family trusts, unit trusts, Cooper Grace Ward, Scott Hay-Bartlem, SMSF Association National Conference 2025, Administrative Appeals Tribunal, Merchant v Commissioner of Taxation

The legal provisions in the SIS Act preventing an SMSF from providing financial assistance to any parties are very broad in their application.

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Auditing, Property

Title search primacy confirmed

Title search, SMSF, property, ART, SMSF auditor, Administrative Review Tribunal, asset ownership, DBA Lawyers, Bryce Figot, Murphy and ASIC, Terence Murphy, ASIC

The status of a title search as the central document to prove an SMSF owns property has been confirmed in a recent ART case involving an auditor.

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financial advice, Financial Planning, Tax

Trustees obliged to approve advice payments

SMSF trustees, financial advice, superannuation, tax, IPFA, Institute of Financial Professional Australia, Natasha Panagis,Treasury Laws Amendment (Delivering Better Financial Outcomes and Other Measures) Bill 2024, financial advice fees, tax deduction, ATO, draft practical compliance guideline

Trustees should be reminded advice fees can now be charged back to an SMSF, but they will need to examine and sign off each time a member requests this type of payment.

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Retirement

Women lacking retirement surety

women, confidence, Colonial First State, comfortable lifestyle, retirement, retirement savings, superannuation, financial advice, Kelly Power, contributions

Research commissioned by a major financial institution has found women are lacking in confidence with regard to aspects of their retirement.

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Pensions

Cap-free reserve allocation unlikely

The allocation of reserves associated with a legacy pension recipient who has died will only be contribution cap-free in very rare circumstances.

The allocation of reserves associated with a legacy pension recipient who has died will only be contribution cap-free in very rare circumstances.

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Documentation, In-house assets

Loan evidence can refute early-access claim

The intention behind a loan to a related party by an SMSF is central in defending against any claims the fund allowed the illegal early access to take place.

The intention behind a loan to a related party by an SMSF is central in defending against any claims the fund allowed the illegal early access to take place.

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LRBA

LRBA and release conditions warning

The combination of certain conditions of release and an LRBA may close off an SMSF to future contributions.

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ETFs, Investments

Two new ETFs from Vanguard

Australians can expand their investment portfolio with two new diversified Exchange Traded funds [ETF] launched by global fund manager Vanguard.

Vanguard has introduced two new ETFs to the ASX catering separately for growth-minded and income-focused investors.

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ATO, Compliance

ATO correspondence often ignored

The regulator has noticed a disturbing trend whereby SMSF trustees are ignoring critical pieces of correspondence relating to compliance breaches.

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