News

AFCA, Compliance, Regulation

Declaration can be used as disclaimer

Disclaimer Trustee declaration statement AFCA Legal protection

Practitioners may reissue fund establishment documents to SMSF clients as a precautionary measure to protect against potential legal threats in the future.

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Appointments, Regulation

Government names CSLR chair

CSLR Compensation Scheme of Last Resort Jo-Anne Bloch

The federal government has appointed a former FPA chief executive as the chair of the Compensation Scheme of Last Resort board.

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Investments, Platforms

OpenInvest adds another Melbourne firm

OpenInvest Lanteri Partners

OpenInvest has continued to partner with advice firms in providing online investment solutions, assisting Lanteri Partners to deliver five portfolio options to clients.

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financial advice, Investments, SMSF

Role determines wholesale status

Wholesale client Retail client SMSF Financial advice

The wholesale client provisions are complex and advisers must determine the SMSF role an individual is acting in before using them.

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BDBNs, Death benefits, Estate Planning

Review fund deed when circumstances change

BDBN Seperation De facto Trust deed SMSF

It is crucial to review the trust deed of a fund in the breakdown of a spousal relationship to ensure estate planning strategies can continue to operate as intended.

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Legislation, Tax

Better Div 296 model is available

Division 296 Unrealised capital gains Earnings calculation Total superannuation balance

The government can implement an additional super earnings tax, but do so without taxing unrealised gains by adopting a simpler method of calculating earnings.

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Estate Planning, Superannuation

Intestacy rules may prevent will dispute

Superannuation Estate planning Will Intestacy State rules

Superannuants should have a will, but state-based intestacy rules may sometimes deliver the same intended outcomes and avoid any disputes.

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Legislation, Tax

Div 296 tax labelled a shocker

Division 296 tax Unrealised capital gains Double taxation Shadow treasurer Angus Taylor Government Opposition

The proposed Division 296 tax has been described as a shocking move by the government and an unindexed wealth tax on Australians.

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Auditing

Valuation expectations may rise

Valuations SMSF auditors Division 296 tax

In preparation for the Division 296 tax, SMSF auditors should be requesting sworn valuations for property assets held within a fund.

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Legislation, Tax

New super tax will hit farmers hard

Farms Division 296 tax

Farms held within SMSFs will be heavily impacted by the Division 296 tax due to shifts in the value of underlying assets, with many viewing the impost as an attack on primary producers.

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