Updated legislative and regulatory instruments were added to the ever-expanding cache in the SMSF sector last month. In this episode of the SMSF Adviser podcast, hosts Keith Ford and Aaron Dunn unpack what it all means with Bryce Figot, special legal counsel for DBA Lawyers. Figot delves into the changes made in LCR 2021/2 and TR 2010/1, focusing on non-arm’s length income provisions and contributions and specifically how they may affect professionals working in the sector. Listen as they discuss: The new “safe harbour” example (7A) in LCR 2021/2. Paragraph 51, outlining discounted prices for SMSF services. Contribution updates in TR 2010/1 that clarify how acquiring an asset for below-market value is not a contribution if it’s a purchase under a sale contract. The importance of proper documentation and arm’s length valuations that are crucial for mixed part-purchase and part-contribution scenarios. The disproportionate outcomes that still exist where small non-arm’s length capital gains can taint entire net capital gains or distributions from unit trusts.
The SMSF sector is in a holding pattern as key regulatory and legislative changes remain unresolved. In this episode of the SMSF Adviser podcast, hosts Aaron Dunn and Keith Ford discuss some of the key changes that are still to be clarified, such as the Div 296 tax and the much-anticipated NALI/E amendments. The podcast touches on recent updates from the ATO, specifically regarding Law Companion Ruling (LCR) 2021/2 relating to super contributions and the recently released annual Class Benchmark report. Listen as they discuss: Revelations that more SMSFs will be impacted by the proposed Div 296 than originally estimated. The changing face of the SMSF sector demographics. The ongoing advice gap in the SMSF sector. Implications of commuting market-linked pensions.
Market valuations have emerged as a crucial area in the SMSF sector, particularly in light of regulatory changes and heightened ATO scrutiny. The looming spectre of Division 296 further complicates the landscape, particularly regarding the methodology used for valuations. In this episode of the SMSF Adviser Podcast, host Aaron Dunn, chief executive of Smarter SMSF, is joined by industry stalwart Shelley Banton, head of technical for ASF Audits, to delve into the changing expectations for valuations and meeting the challenging compliance requirements. Listen as they discuss: The complexity of market valuations, especially for assets that lack readily available market data. Concerns around private credit. Practical solutions that may support auditors. The shift in expectations for the auditing profession.
The updated rules on when a pension commences and ceases have created confusion in the SMSF sector. On this week’s episode of the SMSF Adviser podcast, hosts Aaron Dunn and Keith Ford delve into the intricacies of TR2013/5 with Tim Miller, head of education and technical for Smarter SMSF. Miller explains how the revised ruling, which was updated in June 2024, primarily reflects changes from the super reforms introduced on 1 July 2017. He provides a fresh perspective on what needs to happen when a super income stream fails to meet the pension standards for a financial year, particularly with minimum pension requirements. Listen as they discuss: How the consequences of failing to meet pension standards have become more stringent. The trust law aspect of pensions. The importance of understanding the minimum pension obligation and the consequences of failing to meet it. The retrospective application of these rules. The complexities surrounding TRIS. The time frame for losing ECPI beyond the traditional 12 months.
Australia is currently grappling with a complex web of regulatory reforms, which has left many advisers in a state of limbo. In this episode of the SMSF Adviser podcast, hosts Keith Ford and Aaron Dunn discuss the pressing issue of financial advice reform. One of the most troubling issues is in the advice sector, and after nearly three years since the Quality of Advice Review (QAR) report was delivered, the sector is still waiting for significant progress. Listen as Keith and Aaron discuss: The fragmented nature of the regulatory framework. The challenges in the requirement for an account number on fee consent forms. The government's focus on super, particularly in the retirement phase. Technical aspects of SMSF management, including deferred tax accounting. Recent actions by ASIC against SMSF auditors.
In the latest episode of the SMSF Adviser Show, hosts Keith Ford and Aaron Dunn break down some of the alternative methods to remove concessions for large super balances without resorting to taxing unrealised gains, with a range of options being delivered in recent weeks. The IFPA put forward compulsory cashing, while Geoff Wilson and Wilson Asset Management offered up a progressive super surcharge model, with both looking to meet the government’s stated aim for Division 296 in a manner that leaves unrealised gains untouched. Listen as they discuss: What is missing when the government talks about liquidity and diversity requirements for super funds that hold farmland. The spike in SMSF-related complaints to AFCA, largely on the back of major financial failures like United Global Capital. When Division 296 is likely to land back in parliament.
The increase of the transfer balance cap from $1.9 million to $2 million is not as simple to understand as it seems. In this SMSF Adviser podcast, hosts Keith Ford and Aaron Dunn discuss the implications of the TBC rise implemented at the start of the new financial year with industry stalwart David Busoli. While this shift appears straightforward, it brings complexities, particularly for existing pensioners, due to the intricacies of proportional indexation. Busoli explains how proportional indexation is a critical concept in understanding how the TBC affects individuals and how, for people just starting their pension phase, the indexation process presents several challenges. Listen as they discuss: The necessity for accurate data to ensure proper management of transfer balance accounts. Broader implications of the TBC changes, including the impact on non-concessional contributions. The ongoing challenges within the SMSF sector, particularly in managing the intricacies of the transfer balance cap and ensuring accurate reporting. Division 7A and its implications for limited recourse borrowing arrangements within SMSFs.
It’s the start of a new financial year, but there are still many uncertainties in the SMSF world. In the latest episode of the SMSF Adviser Show, hosts Keith Ford and Aaron Dunn discuss the implications of the upcoming Division 296 legislation, which is set to impact individuals with superannuation balances over $3 million. As the new financial year kicks off, there is a raft of other topics that SMSF professionals need to pay attention to and plan for the year ahead, and Aaron breaks down all of the areas that deserve a closer look. Listen as they discuss: How a lack of certainty is impacting the sector. The continued pushback from a growing cohort of industry bodies. The rise in SG and its effect on contribution strategies. Timely reviews needed now of investment strategies and estate planning.
With just two weeks remaining until the financial year wraps up, getting an SMSF ready for tax time involves ensuring there is a smooth audit process. In this episode of the SMSF Adviser podcast, hosts Keith Ford and Aaron Dunn are joined by well-known industry auditor Deanne Firth, director of Tactical Super. Firth offers some valuable insights and timely reminders for SMSF trustees and auditors to prioritise compliance and leverage available resources to streamline their processes. Listen as they discuss: Obtaining the necessary evidence for valuations, especially concerning private and unlisted companies. The timing of audits and the importance of proactive engagement with clients. The challenges with valuing unlisted assets, particularly private companies with unique business models. The complexities of SMSFs investing in start-up ventures. Loans within SMSFs. Technology and AI in the SMSF sector.
As the end of the financial year approaches, SMSF professionals are gearing up to navigate the complexities of superannuation contributions and tax planning. In this episode of the SMSF Adviser Show, industry stalwart Liam Shorte, director of Sonas Wealth, explains the essential areas that advisers and accountants should address in the next three weeks to optimise super strategies for their clients. Managing clients’ total super balance (TSB) effectively is right at the top of the list, with Shorte explaining the importance of having accurate information and why it’s not always a good idea to maximise unused contribution caps if there are any uncertainties around the exact figures. Listen as they discuss: How to access accurate superannuation data through the ATO. How to ensure that 2024 financials are reported promptly. Contribution strategies for different age cohorts and how they can benefit future planning. The increasing problem of debt for those approaching 60. Extension of tax planning to age 75.
The $3 million super tax has been headline news around the country over the past couple of weeks and has finally made the front pages of the mainstream media. In this episode of the SMSF Adviser Show, hosts Keith Ford and Aaron Dunn highlight a critical aspect of the debate that has captured the media’s attention: the difference between the perception and the reality of the implications of the Division 296 tax. Listen as they discuss: The misconceptions and a lack of understanding about the legislation's nuances. The political dynamics surrounding Div 296 and its complexities. The broader implications of Div 296, particularly its potential impact on estate planning and family businesses. The need for advisers to play a crucial role in guiding clients through the complexities of the new tax laws.
With Labor winning the election with a clear majority, the SMSF sector is now once again poised for battle over the controversial Division 296 tax. In this episode of the SMSF Adviser podcast, hosts Keith Ford and Aaron Dunn sit down with SMSF Association CEO Peter Burgess to talk about the implications of the election results, what it may mean going forward, and the association’s plans to convince the elected politicians on the adverse outcomes of the tax. The podcast will also delve into the latest draft DBFO legislation and how the proposed changes may affect advisers specialising in SMSFs. Listen as they discuss: The election results and the impacts it will have on legislation. Time frames for the legislative process. Strategies going forward in lobbying the government. The DBFO draft legislation.
In this episode of the SMSF Adviser podcast, hosts Keith Ford and Aaron Dunn discuss the issues that may affect super and the policy positions of the two major parties. Tax reform has been the elephant in the room during the federal election campaign, but there has been some mention of the Division 296 tax by the opposition, which has also made commitments regarding advice reforms and adviser numbers. This podcast covers some of the big-ticket items concerning the advice and super sectors, including: Bargaining by the Greens to reduce the super tax threshold to $2 million and its impact on the transfer balance cap. Reforms to the CSLR. Increasing adviser numbers. Housing policies and tax implications.
In this edition of the SMSF Adviser podcast, hosts Keith Ford and Aaron Dunn are joined by legal specialist Phil Broderick, principal at Sladen Legal, to discuss the implications of the Bendel court decision – a landmark ruling with potentially far-reaching consequences for SMSFs and private trusts. This ruling has profound implications for the use of discretionary trusts and corporate beneficiaries, potentially allowing distributions to remain unpaid without triggering Division 7A consequences. The podcast delves into the significance of the case, drawing parallels to pivotal decisions like Bamford, and explores how it could reshape the landscape for tax and accounting practices in Australia. Listen as they discuss: The interpretation of "financial accommodation" within Division 7A. The relevance of this decision for SMSFs The potential for the Bendel decision to influence other areas of superannuation law.
In this special post-budget episode of the SMSF Adviser podcast, hosts Keith Ford and Aaron Dunn navigate a complex web of budgetary and political issues. Although it was a budget with nothing much in it for the SMSF sector, it was what wasn’t included that may have dramatic implications for the sector moving forward. With the departure of Financial Services Minister Stephen Jones, the sector faces uncertainty over future leadership and policy direction, while the emergence of the Teal independents and the potential for a minority government add layers of complexity to an already unpredictable political landscape. Listen as they discuss: The budget's limited offerings with small tax cuts and cost-of-living adjustments taking centrestage. The alignment between the reduced tax rates and superannuation accumulation rates. The broader implications of the upcoming election on the SMSF and financial services sectors. The DBFO 1.5. proposed changes, including the shift from a statement of advice to a client advice record.
With auditing season in full swing and the ATO increasing its scrutiny of the sector, this week’s SMSF Adviser podcast focuses on the challenges auditors may face regarding compliance. Hosts Keith Ford and Aaron Dunn are joined by legal specialist Bryce Figot from DBA Lawyers, one of the sector’s leading experts in the intricacies of SMSF auditing, to discuss what’s involved in managing the myriad regulatory obligations SMSF auditors now face. Figot touches on, among other things, the Tax Office’s renewed focus on auditor compliance for 2025 – especially in maintaining professional standards and quality control. He also reflects on the importance of auditors as gatekeepers in the industry with responsibility for ensuring the integrity of over a trillion dollars in SMSF assets. The podcast also delves into: The ATO's scrutiny of ‘volume auditors’. The importance of professional indemnity insurance for SMSF auditors. Pricing matters and what auditors should be charging per audit. The rigours and importance of documentation. The evolving landscape of the SMSF auditing industry with a shrinking number of auditors and an increasing number of SMSFs.
In this special two-part episode of the SMSF Adviser Show, hosts Keith Ford and Aaron Dunn are joined by a selection of prominent industry members at the SMSF Association National Conference. In part two, Tracey Scotchbrook, head of policy and advocacy at the SMSF Association, joins to break down the major regulatory issues impacting the sector, including the ongoing confusion around how to apply wholesale investor thresholds for SMSFs. Ben Marshan, director at Marshan Consulting, also joins the show to talk about the importance of financial advisers staying ahead of regulatory shifts to ensure they are prepared for the future, rather than waiting for long-gestating reforms to take place before streamlining their practice. Finally, Peter Crump, senior consultant at BDO, covers the importance of an exit plan for SMSF members and the considerations that can maximise client outcomes when it comes time to wind up a fund.
In this special two-part episode of the SMSF Adviser Show, hosts Keith Ford and Aaron Dunn are joined by a selection of prominent industry members at the SMSF Association National Conference in Melbourne. In part one, SMSF Association chief executive Peter Burgess and Class CEO Tim Steele join the show to talk about the thought leadership breakfast on the first day of the conference, the growth of the SMSF sector, and the major issues impacting professionals. Phil Broderick, principal at Sladen Legal, also joins the show to break down the considerations when advising clients on which type of investment structure they should use depending on their personal circumstances and goals. Finally, Shelley Banton, head of technical at ASF Audits, covers the thorny subject of business real property and the difficulties that auditors can have in determining whether an investment meets the criteria or if a member is trying to fit a square peg in a round hole.
It’s already been a hectic first few weeks of the year in the SMSF sector with legislative changes and political manoeuvring. In this week’s SMSF Adviser Show, hosts Keith Ford and Aaron Dunn delve into what has happened and what may transpire in the coming months. They’re joined by Daniel Butler, director of DBA Lawyers, to talk about the complexities of investing in rental properties within SMSFs, the considerations advisers need to keep in mind, and the impact of various state taxes on property investment. With a burgeoning interest in property as a significant asset class within SMSFs, Butler highlights the nuances and challenges trustees face. Listen as they discuss: Investment trends in SMSFs. Key considerations of commercial v residential property. Regulatory and tax implications. The challenges of property management. The evolving tax landscape.
There has been significant movement in the digital advice space over the past decade. As the industry accelerates its efforts to address the undersupply of financial advice, digital solutions are essential to meet the demands of Australia’s 12.9 million financial advice beneficiaries. In this episode of the SMSF Adviser podcast, host Keith Ford talks to David Barrett, an independent consultant with a wealth of experience in the industry, to delve into the evolving landscape of digital advice for SMSFs. Barrett highlights a recent partnership between a digital advice provider and a major institution, showcasing the industry’s progress. While the initial iterations of digital advice have been simplistic, they have laid the groundwork for more complex solutions in the future. However, when faced with complex scenarios such as defined benefit schemes, digital advice may still require human intervention. Listen as they discuss: The role of digital advice in SMSFs. Challenges and drawbacks of digital advice. Legislative agenda and future considerations.