The ATO has released their latest SMSF News which provides regular information for trustees of self managed super funds, tax agents, approved auditors, financial planners and administrators around key regulatory and administrative topics.
Edition 26 covers and the following topics:
1. Paying benefits from a self-managed super fund
The ATO have produced a new publication called Paying benefits from a self-managed super fund (NAT 74124). This publication provides more specific information to assist trustees if they have members who will soon be entering or have entered retirement.
The rules and regulations that apply to your self-managed super fund (SMSF) in the accumulation phase continue when a member retires. However, paying retirement benefits brings additional regulatory and taxation requirements. This publication provides topical information about the issues you need to understand to meet the regulations that govern the payment of benefits.
In conjunction with the release of this new material, our publication, Running a self-managed super fund, has been modified to focus on the regulatory requirements of managing an SMSF in the accumulation phase.
Paying benefits from a self-managed super fund is the latest addition to the existing suite of SMSF lifecycle publications, which includes:
Thinking about self-managed super (NAT 72579) – provides you with the steps you need to consider before setting up a self-managed super fund.
Setting up a self-managed super fund (NAT 71923) – provides basic information about how to set up an SMSF.
Running a self-managed super fund (NAT 11032) – highlights your responsibilities and obligations as a trustee when operating an SMSF.
Winding up a self-managed super fund (NAT 8107) – details the process you need to follow to wind up an SMSF.
Paying benefits from a self-managed super fund will help trustees understand their increased responsibilities when making payments out of their SMSF.
2. Changes to contribution reporting for rollovers from 1 July 2013
From 1 July 2013, the Rollover benefits statement (RBS) is changing. You must use the new RBS for all rollovers from this date. The new RBS has no current year contributions information.
The 2014 SMSF annual return (SAR) is also changing. From 1 July 2013, all contributions received by a super fund during a financial year must be reported to us by the fund that originally receives the contribution, and not by another fund, when the contributions are transferred in a rollover.
For example, as an SMSF trustee, in the 2014 SAR you report at Section F or G contribution labels A to M all contributions received directly by the SMSF during the financial year, even where some of those contributions have been rolled out to another fund before the end of the 2013-14 financial year.
Changes being made in the 2014 SAR section F and G member information include renaming labels P and Q to reflect the changes to the contribution reporting requirements for rollovers.
The new RBS and instructions are now available – for more information, refer to Rollover benefits statement and instructions for transactions on or after 1 July 2013.
3. Changes to the 2013 SMSF annual return
A number of changes for SMSFs apply for the 2012-2013 year.
Click here to view a full summary of those changes.
4. Limited recourse borrowing arrangements by self-managed super funds
With many SMSF trustees entering into limited recourse borrowing arrangements (LRBAs), it appears there is still some uncertainty with respect to associated taxation issues.
A super trustee who enters into a LRBA for the purpose of purchasing an asset, as permitted under subsection 67A of the SIS Act, will be treated as the owner of the asset for income tax purposes. This approach supports the government’s policy objectives in allowing fund trustees who enter into LRBAs to be the owners of the relevant asset.
In essence, the SMSF will be assessed on the income earned on the underlying asset, such as rental income, and will be able to claim any relevant deductions. In addition, it is the SMSF which should account for any relevant GST amounts on income and expenses associated with the LRBA.
This rationale confirms that where the LRBA is set up in accordance with SISA requirements, there will be no need for the holding trust to lodge an annual return with us.
SMSFs entering into LRBAs need to do so carefully because an arrangement that does not meet all the SISA requirements would contravene the borrowing prohibition and place at risk the compliance status of the fund.
For more information on limited recourse borrowing arrangements, refer to Limited recourse borrowing arrangements by self-managed super funds – questions and answers
5. Lodging auditor contravention reports
From February 2013, the Tax Agent Portal functionality to support online lodgment of auditor contravention reports (ACR) has been unavailable. The ATO have been advising SMSF auditors to download the electronic Superannuation Audit Tool (eSAT) or access the Business Portal to complete online ACR lodgments.
6. Version 6 (2013) of eSAT will be released in June.
The ATO will advise existing eSAT users when the update is available and will also issue a bulletin. The ATO have updated reference material and enabled the 2013 period, to allow for ACR lodgment.
The ACR for 2013 will also reflect that the obligation for keeping fund assets separate from members or associated employers assets is now outlined in Regulation 4.09A (previously S.52(2)(d)) of the Superannuation Industry (Supervision) Regulations (1994).
7. The revised Self-managed superannuation fund (SMSF) independent auditor’s report will be available from 1 July.
Changes to this report include the addition of the SMSF auditor number (SAN) for approved SMSF auditors and expanded audit scope for part B of the report to include the following regulations:
R4.09A – SMSF assets must be held separately from any assets held by the trustee personally.
R8.02B – Fund’s assets must be valued at their market value when preparing accounts and statements.
The audit report now also includes information that the auditor has complied with the auditor independence requirements prescribed by the Superannuation Industry (Supervision) Regulations (1994) (SISR) and the competency standards set by ASIC.
Audits completed after 30 June 2013 will be required to be signed off by an approved SMSF auditor, and the SMSF Auditor Number (SAN) quoted on the audit report.
The SMSF auditors Super Professional to Professional (SP2P) support service is being extended to the 300 largest SMSF auditors from July 2013. This unique, free service provides technical assistance to high-volume professional SMSF auditors.
The SP2P will provide your practice with direct access to our senior technical officers, who will provide:
responses to queries about technical issues you identify in the course of audits with SMSFs
guidance on SMSF regulatory and legislative requirements
support to resolve any SMSF administrative issues where other channels do not exist.
You can expect to receive a telephone call from a subject matter expert within two working days to discuss your query, provide general advice and to negotiate a response date, where required.
8. SMSF auditor registration with ASIC
SMSF auditors must be registered with ASIC by 30 June 2013 in order to conduct SMSF audits from this time.
Auditors can apply for registration using ASIC Connect, a new online service available through the ASIC website.
ASIC has now registered over 3,543* SMSF auditor applications since the launch of the new SMSF auditor register on 31 January 2013.
The transitional period for the SMSF auditor registration reform ends on 30 June 2013. If applicants do not apply by this date, they will not be eligible for any transitional arrangements and will be required to complete a competency exam and demonstrate they have the prescribed experience. ASIC strongly advises anyone wishing to become an approved SMSF auditor to lodge their application as soon as possible.
9. Check your SMSF auditor is registered
From 1 July 2013, SMSF trustees should confirm that their appointed auditor is registered with ASIC. Trustees should ensure they have the auditor’s SMSF auditor number (SAN), which is provided by ASIC to the auditor on registration. SMSF trustees will need to include the SAN on SMSF annual returns from 1 July 2013.
Trustees can check whether their auditor is registered with ASIC by searching the register of approved SMSF auditors using ASIC’s online service ASIC Connect. This service provides free information about approved SMSF auditors, as well as the option to purchase current and historical extracts.
For more information about the SMSF auditor reforms and the requirements for registration, visit asic.gov.au/smsf-auditor
*Figures correct as at 09/05/2013
10. Valuation of SMSF assets
For the 2012-13 and later years of income, SMSF trustees are required to value their fund’s assets at market value when preparing the financial statements and accounts of the fund. The ATO have published Valuation guidelines for self-managed superannuation funds to assist trustees and advisors to comply with this requirement.
11. New powers to address non-compliance
Legislation was introduced into the House of Representatives last November to give the ATO more flexible and proportionate powers to address non-compliance by SMSF trustees. These new powers include administrative penalties and education and rectification directions. If passed by parliament, they will apply to contraventions that occur on or after 1 July 2013.
Illegal release of super will be further curtailed when new civil and criminal powers to prosecute people who promote IER schemes are introduced. Promoter penalty provisions will begin on royal assent. A bill has also been introduced into parliament to tax illegally released benefits at 45% from 1 July 2013.
12. Caps on super contributions
Caps apply to contributions made to your member’s super. Any super contributed over the cap is subject to extra tax. The cap amount and how much extra tax your member may need to pay depends on whether the contributions are concessional (before-tax) or non-concessional (after-tax).
For contributions received in the 2012-13 financial year, everyone’s concessional cap is $25,000, regardless of their age. Any excess contributions may be taxed an additional 31.5%. The higher concessional contributions cap for people aged 50 years and over ended on 1 July 2012.
On 5 April 2013, the government announced it would bring forward the start date of a higher concessional contribution cap of $35,000 to 1 July 2013 for people aged 60 and over. Individuals aged 50 and over will be able to access the higher cap from 1 July 2014. The government will also allow individuals to withdraw any excess concessional contributions made from 1 July 2013 from their super fund and have the excess amount taxed at the member’s marginal tax rate. These changes are yet to be legislated.
Concessional contributions are generally made to a super fund for or by your member in a financial year and include;
most employer contributions, such as compulsory super guarantee,
the amounts members salary sacrifice to their super
amounts for which an income tax deduction is allowed
other amounts included in the assessable income of the super fund.
If a member of your SMSF exceeds the concessional super contributions cap by $10,000 or less for the first time, they may receive a once-only offer to have their excess concessional contributions refunded and taxed at their marginal tax rate.
If they decide they want to accept the offer, their excess concessional contributions will be withdrawn from their super fund and added to their assessable income and taxed at their marginal tax rate for the year the contributions were made.
The non-concessional (after-tax) contributions cap for 2012-13 has remained at $150,000.
Non-concessional (after-tax) contributions generally include:
personal contributions from a member’s after-tax income which are not claimed as an income tax deduction
amounts not included in the super fund’s assessable income.
13. From ASIC
Australian Government bonds
Buying Australian Government bonds is a low-risk way for retail investors to diversify their portfolio and familiarise themselves with bonds. They provide a steady income stream and can be traded on the Australian Securities Exchange (ASX).
If you are looking for a low-risk way to diversify within your investment portfolio, consider Australian Government bonds, also known as Commonwealth Government Securities (CGS). They will soon be available on the Australian Securities Exchange (ASX).
Issued by the Commonwealth of Australia, CGS are highly secure investment products and will give you a predictable cash flow paid on a periodic basis, with a specified maturity date. The government guarantees the interest paid and that your loan will be repaid in full at maturity.
The bonds will be listed on the ASX as either ‘Exchange-traded Treasury Bonds’ or ‘Exchange-traded Treasury Indexed Bonds’. The difference is:
Exchange-traded Treasury Bonds have a fixed face value (the amount you will get back at maturity) and carry the same annual rate of interest over the life of the security, payable every six months
Exchange-traded Treasury Indexed Bonds have a face value that is adjusted for movements in the Consumer Price Index. Interest is paid quarterly at a fixed rate, on the adjusted face value – so the amount of interest you receive will vary from one quarter to the next.
Australian Government bonds have several features that may appeal to you. They are low risk – that is, you will always receive the face value of the bond if you hold it until maturity. You will also receive a regular income, via quarterly or half-yearly interest payments. These bonds are also easy to buy and sell – you can trade them on the ASX like shares, through your financial adviser, stockbroker or via an online trading account.
There are some risks to consider – Exchange-traded Treasury Bonds are affected by inflation (although Exchange-traded Treasury Indexed Bonds are not). In addition, if you want to sell the bonds before they reach maturity, they will be subject to market value – the price people are prepared to pay – which will vary over time, depending on what’s happening in the economy and with interest rates.
Try the online courses on the ASX website to learn more about Australian Government bonds and read the information statement on each product. You should also consider getting financial advice if you are not sure if these products are right for you.
The Australian Securities & Investments Commission has amended existing market integrity rules and related guidance to help with the introduction of retail trading of these bonds on the ASX – see asic.gov.au for information about the regulatory framework, and moneysmart.gov.au for information about retail trading of these bonds.
Click Here to view the full details on the ATO website