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Technical Knowledge Base
SMSF Technical and Legal Articles for Advisers
53 articles in this collection
Written by
Kris Kitto,
Intello Robot,
and
Christina Wolfsbauer
SMSF Legal
Who is a related party of an SMSF?
A related party of an SMSF includes members, their relatives, Part 8 associates and any companies or trusts controlled by the members.
Written by
Kris Kitto
Updated over a week ago
New accounting standards AASB 2020-2 may require SMSF trust deed update
An amended accounting standard may require SMSFs to update where deeds require financial statements prepared in accordance with AAS.
Written by
Kris Kitto
Updated over a week ago
Video conference witnessing of legal documents and trust deeds in NSW
Skype, FaceTime & Zoom can now be used to witness legal documents incl Wills, powers of attorney, statutory declarations & trust deeds, SMSF
Written by
Christina Wolfsbauer
Updated over a week ago
Does an SMSF trust deed need to be witnessed?
Witnessing requirements for an SMSF trust deed depend on whether the trustee(s) are individuals or a corporate trustee.
Written by
Kris Kitto
Updated over a week ago
Company Directors & Gainful Employment
Directors aren't considered common law employees, unless they are also engaged under a contract of employment to provide non-director duties
Written by
Intello Robot
Updated over a week ago
Estate Planning
Superannuation dependents under tax and super law
The SIS Act defines who can receive a superannuation death benefit and the Tax Act determines how the death benefits are taxed.
Written by
Kris Kitto
Updated over a week ago
Other Technical
Payments / refunds issued to closed SMSF bank account
Where an SMSF has been wound up how do you treat refund cheques, payments, LISC, compensation payments and other items received after close?
Written by
Kris Kitto
Updated over a week ago
General SMSF Tax Deductions
Expenses a trustee incurs managing an SMSFs investment portfolio including subscriptions, investment fees, equipment may be deductible
Written by
Kris Kitto
Updated over a week ago
Promissory Note Template - Australia
A Promissory Note documents the legally binding promise that a borrower makes to pay back a loan under certain terms and conditions. SMSF.
Written by
Kris Kitto
Updated over a week ago
FAQs on $10,000 Early Release Payments for SMSFs
FAQs on Super Early Release for SMSFs to provide quick answers to key questions about the $10,000 COVID-19 early release of superannuation.
Written by
Intello Robot
Updated over a week ago
SMSF In-house assets above 5% due to market impact of COVID-19
Share market downturn has meant as at 30 June 2020 the value of some in-house assets will be more than the 5% in-house asset threshold.
Written by
Intello Robot
Updated over a week ago
QROPs Registration and Transfers
Written by
Kris Kitto
Updated over a week ago
What happens when an SMSF trustee company is de-registered by ASIC?
Written by
Kris Kitto
Updated over a week ago
Limited Recourse Borrowing
ATO Safe Harbour Provisions for Related Party LRBA Loans
ATO releases safe harbours for non-bank SMSF limited recourse borrowing arrangements. LRBA safeharbour interest rates.
Written by
Kris Kitto
Updated over a week ago
When to date an SMSF Bare Trust Deed - State by State comparison
The following summarises when to date a bare trust deed for an SMSF property purchase using a LRBA States: QLD NSW ACT VIC TAS SA WA NT
Written by
Kris Kitto
Updated over a week ago
SMSF LRBA Borrowings from Related Parties
An SMSF can borrow from a related party to fund a limited recourse borrowing (LRBA). Follow strict safe harbour rules to ensure compliance.
Written by
Kris Kitto
Updated over a week ago
Pensions
Superannuation conditions of release
A condition of release must be met prior to withdrawing superannuation benefit. Conditions of release: Retirement, turning age 65 and more.
Written by
Kris Kitto
Updated over a week ago
Treasury Laws Amendment (2019 Measures No. 3) Bill 2019 - Market Linked Pension Commutations Transfer Balance Debit
Debit applies to members transfer balance account on commutation of market linked or complying life expectancy pension.
Written by
Kris Kitto
Updated over a week ago
FAQs SMSF Minimum Pension Reduction 2020-21
Can I put excess pension amounts above the minimum pension back into my SMSF? Can I treat payments above the minimum amount as lump sums?
Written by
Intello Robot
Updated over a week ago
Must a prorated minimum still be paid if the pension is commuted on July 1?
Written by
Kris Kitto
Updated over a week ago
Do you need to commute when moving a pension from one fund to the other?
Written by
Kris Kitto
Updated over a week ago
Can an SMSF pay a pension in specie?
Written by
Kris Kitto
Updated over a week ago
What happens if TRIS payments exceed the maximum annual limit?
Written by
Kris Kitto
Updated over a week ago
30 June 2017 Transfer Balance Cap Pension Commutations: PCG 2017/5
Written by
Kris Kitto
Updated over a week ago
Will a single pension payment satisfy the definition of an income stream?
Written by
Kris Kitto
Updated over a week ago
Paying a temporary incapacity benefit from an SMSF
Written by
Kris Kitto
Updated over a week ago
Pension payment treated as a lump sum for tax purposes
Written by
Kris Kitto
Updated over a week ago
Other Investments
Collectibles and Personal Use Assets - General Compliance Information
Written by
Kris Kitto
Updated over a week ago
Bitcoin and crypto-currency investment in an SMSF
SMSFs can invest in Bitcoin and other cypto currency investments including Ethereum, IOTA, Ripple, Dash, Litecoin, Monero and Cardano.
Written by
Kris Kitto
Updated over a week ago
Contributions
Concessional Contributions Reserves
Key information on concessional contribution reserving for an SMSF. Unallocated contributions. Allocate 28 days after end of the month.
Written by
Kris Kitto
Updated over a week ago
Downsizer Contributions - ATO Rules
Downsizer contributions enable the proceeds of an eligible principal residence sale to be made into super. $300,000 per individual applies.
Written by
Kris Kitto
Updated over a week ago
Total superannuation balance
Total super balance is measure as at 30 June each financial year and combines all accumulation & pension account values for an individual.
Written by
Kris Kitto
Updated over a week ago
Notice of intent to claim a deduction for personal super contributions made to an SMSF
Claim deduction for personal super contributions made to an SMSF under s290-170 use a Notice of Intent to Claim form and give to super fund.
Written by
Kris Kitto
Updated over a week ago
What is the Electronic Service Address (ESA) for SuperStream for SMSFs we look after?
Written by
Kris Kitto
Updated over a week ago
Frequently asked questions on SuperStream for SMSFs
Written by
Kris Kitto
Updated over a week ago
Insurance
Taxation of disability super benefits
Written by
Kris Kitto
Updated over a week ago
Property
Code of Conduct for Commercial Tenancies including SMSFs
Code is guided by a set of principles, developed & legislated by State & Territories for commercial landlords including SMSFs. COVID-19
Written by
Christina Wolfsbauer
Updated over a week ago
Commercial Property Lease Agreements
Intello can assist you put together a lease agreement for your SMSF clients commercial properties. This is a list of information required.
Written by
Kris Kitto
Updated over a week ago
ATO Regulatory and Technical
ATO SMSF LRBA Safeharbour Interest Rates
Safe harbour limited recourse borrowing interest rates for 2019, 2020, 2021. Interest rates for related party SMSF LRBA borrowings.
Written by
Kris Kitto
Updated over a week ago
Intermediary LRBA - SPR2020/1
SPR 2020/1 - Intermediary Limited Recourse Borrowing Arrangement Determination 2020 - provides guidance on intermediary LRBAs.
Written by
Kris Kitto
Updated over a week ago
SMSFD 2011/1 Benefit payable by cheque or promissory note
SMSF: Under SIS Regs, is a benefit paid using a cheque or promissory note "cashed" at the time the cheque/note is received by the member?
Written by
Intello Robot
Updated over a week ago
ATO Administrative Penalties for SMSFs
SMSF trustees are personally liable to pay an administrative penalty from if they contravene the following provisions of the SIS Act 1993.
Written by
Kris Kitto
Updated over a week ago
SMSF Reportable Contraventions List
List of auditor reportable contraventions for SMSF audits. Auditors must report these contraventions to the ATO. SIS Act and Regulations.
Written by
Kris Kitto
Updated over a week ago
Approved Stock Exchange List
List of Approved Stock Exchanges Schedule 5 of Income Tax Assessment Regulations 1997. SMSF acquire listed security s66(2)(a) SIS Act.
Written by
Kris Kitto
Updated over a week ago
FATCA - Foreign Account Tax Compliance Act for SMSFs
Does an SMSF need to complete a FATCA self-certification? How is this done for an SMSF? Completing FATCA / CRS certification for an SMSF.
Written by
Kris Kitto
Updated over a week ago
Is the ATO ok with electronic signatures?
The ATO is comfortable & accepts electronic signatures for SMSFs for client declarations, tax returns & SMSF financial statements & minutes.
Written by
Kris Kitto
Updated over a week ago
Varying PAYG Instalments for an SMSF
Where an SMSFs estimated income for the financial year is reduced, the amount of PAYG instalments paid each quarter can be reduced.
Written by
Intello Robot
Updated over a week ago
ATO SMS text messages and emails for changes made to SMSF information
From February 2020 the ATO will send text messages & emails where SMSF details change. These are legitimate messages and not scams.
Written by
Kris Kitto
Updated over a week ago
GST Registration for SMSFs
Should your SMSF register for GST? Yes - in most cases it is beneficial to register for GST on an annual voluntary basis to claim RITC.
Written by
Intello Robot
Updated over a week ago
Obtain an ATO Letter of Compliance for an SMSF
You can obtain an ATO letter or notice and check the compliance of an SMSF via Super Fund Lookup.
Written by
Intello Robot
Updated over a week ago
Configure SuperStream Superannuation Payments for an SMSF in Xero
Follow these instruction in Xero to add SuperStream details for an SMSF member
Written by
Intello Robot
Updated over a week ago
ATO Statistical Update 2013-14
Written by
Kris Kitto
Updated over a week ago
Register new AUSkey users (Standard or Administrator)
Follow these instructions to issue a new AUSkey to a user to enable them to access the Tax Agent Portal
Written by
Intello Robot
Updated over a week ago