News

financial advice, Superannuation

Super awareness high, but advice needed

superannuation awareness financial advice MLC

Australians are generally aware of the role of superannuation, with some making additional contributions, but still want help to deal with unexpected change.

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Compliance, Legislation, NALI/NALE, Tax

NALE bill doesn’t extend amnesty

NALE ATO Non-arm's length expenditure PCG 2020/5

SMSF trustees cannot rely on PCG 2020/5 from 1 July 2023 to avoid a severe tax penalty should they incur non-arm’s-length general expenses.

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ATO, Death benefits

ATO confirms member benefit stance

ATO private binding ruling death benefit

The ATO has demonstrated it will view a trustee’s awareness of the death of a super fund member as important when deciding how to define benefit payments around the time of their passing.

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Compliance, Contributions, Legislation, Superannuation

Payday super needs new penalty regime

Superannuation guarantee Contributions SG Payday super IFPA

Government plans to align super contributions with salary payments should be accompanied by a progressive penalty system.

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ASIC, Education, financial advice, Tax

Education requirement dropped for tax advisers

financial adviser tax agents education ASIC

Financial advisers who are registered tax agents are no longer required to fulfil certain education requirements to offer advice on tax matters.

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Death benefits, SMSF, Tax

$3m soft cap contains death glitch

$3 million soft cap tax Deceased member Death benefit

A distinct abnormality is contained within the draft legislation pertaining to the $3 million soft cap with regard to deceased super fund members.

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NALI/NALE

Boost SIS Act to address NALE

SMSF NALE NALE SIS Act Senate committee

An existing piece of legislation can be tweaked to carve out a specific treatment for non-arm’s-length arrangements for SMSFs without having to introduce a new and uneven super tax model.

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Administration, SMSF

Financial assistance more than cash loan

Financial assistance SIS Act SMSF

Breaches of the financial assistance obligations can extend beyond lending cash, with the rectification measures potentially harsh regardless of the assets involved.

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Retirement

Member status key for lump sums

SMSF in-specie lump sum payment

The status of an SMSF member may represent a bigger barrier to an in-specie lump sum payment than the underlying assets exiting the fund.

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Administration, SMSF

Avoid Div 293 dual deadline confusion

ATO Division 293 tax

Trustees facing potential Division 293 tax liabilities should promptly respond to ATO notices in respect of the tax and consider using personal funds to settle the liability.

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