News

Compulsory SuperStream from 1st October

It is compulsory to use SuperStream from 1 October 2021 if any benefits are being rolled in or out of an SMSF in cash. This means it does not apply to: “in specie” rollovers, “internal” rollovers, pension commutations, contribution splitting transfers (unless to a different fund), or payment splitting transfers between former spouses/de factos. For all other...

COVID Relief Extension for 2021/22

Subject to proper documentation, commercial terms and need, if rental or loan repayment relief involving an SMSF, related non-geared company or unit trust, or a related tenant in the form of a reduction, waiver, or deferral gives rise to a contravention of the super laws, the ATO will not take any compliance action against the fund. If...

Who Must Sign the SMSF Returns?

With effect from 1 July 2021, the signatory requirements on accounts and statements for any SMSFs [SIS s.35B(3)(a) and (b)] are: if the SMSF has a corporate trustee: if the corporate trustee has 1 or 2 directors: each director must sign, otherwise at least half the directors must sign, if the SMSF has individual trustees: ...

New Trustees Beware!

Administration penalties have become the ATO’s preferred compliance breach consequence. They are applied to SMSF trustee/directors personally and, as they can be as high as $12,600 per infringement, they are significant. The penalty is levied on a per trustee basis for individual trustees and collectively for all directors of a corporate trustee - a powerful argument...

Contribution Treatment of Advice Compensation

The ATO has published a fact sheet to explain the impact on contribution caps if compensation amounts are received from financial service providers due to inappropriate advice or fees for no service. Here’s a summary. If the super fund engaged the service provider. This will not be a contribution. If the member personally engaged the provider. ...

SMSFs & Collectables

Since 2016, when the full implementation of the restrictive rules surrounding SMSF investments in collectables commenced, there has been a marked reduction in the number of funds holding this class of investment. We are now seeing some increased exposure as trustees look for alternative investment options, but I suspect that many are not also considering the...

SMSFs & “Private Entities”

SMSF investments in unlisted shares or units in a “private” unit trust are generally permissible subject to the deed, investment strategy and acquisition source but should also be considered in light of tax and audit requirements. Such entities often have a tax lodgement date that is later than the SMSF’s. This is particularly problematic when the SMSF...

Last Minute SMSF Solutions

Hopefully your clients have not left their contributions and pension payments to the last minute but, if they have, SMSFs do have a unique way of helping. A contribution can be made by supplying the fund trustees with a promissory note, or cheque, dated no later than 30th June and cashed in the first week of July....