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Maintaining a healthy SMSF sector – Improving the quality of advice
ASIC today released Report 337 SMSFs: Improving the quality of advice given to investors (REP 337). The report summarises the findings from the first major project undertaken by ASIC’s Self-managed superannuation fund (SMSF) taskforce.
Key points:
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Self-managed super funds represent the fastest growing superannuation sector in Australia, with $439 billion assets held by funds.
ASIC Commissioner Peter Kell said ‘ASIC has ramped up its attention on a sector that is of growing importance to more Australian investors. We want to help ensure that we have a healthy SMSF sector.’
‘The decision to establish an SMSF is one of the most significant steps an investor can take in relation to their retirement savings. It involves taking greater personal responsibility for retirement investments. ASIC therefore wants to make sure those investors can be confident they can obtain good quality advice through gatekeepers such as accountants and financial planners,’ Commissioner Kell said.
‘At the very least, investors need to understand the time, resources, compliance obligations and risks associated with do-it-yourself superannuation, before moving their superannuation savings out of an APRA-regulated environment,’ he said.
To read more click here for ASIC web link
Applying for an ABN for Self-Managed Super Fund
Applying for an ABN for Self-Managed Super Fund
The ATO has issued a fact sheet setting out how superannuation entities should apply for an ABN (NAT 2944). The fact sheet also contains the instructions for completing the application, with funds able to apply for an ABN either via the Australian Business Register at abr.gov.au, or by ordering a paper copy online or ringing 1300 720 092.
Valuation guidelines for self-managed superannuation funds
This guide is designed to help you as a self -managed superannuation fund (SMSF) trustee when valuing assets for super purposes. It is not a comprehensive handbook about valuations.
This guide does not take away your responsibility to manage investments prudently. You must ensure the fund’s investment strategy is reviewed regularly and takes into account the retirement goals of its members.
Summary
Table 1: Summary of valuation requirements
| Event | Requirement |
| Preparing the SMSF financial accounts and statements | Assets should be reported at market value.
The valuation should be based on objective and supportable data. |
| Collectables and personal use assets – acquired after 1 July 2011
Transfer or sale to a related party |
Must be made at a market price determined by a qualified independent valuer. |
| Collectables and personal use assets – acquired before 1 July 2011
Transfer or sale to a related party |
For the period 1 July 2011 to 30 June 2016 transfers to related parties do not require valuation by a qualified independent valuer. However, these transfers should be made at an arm’s length price that is based on objective and supportable data.
From 1 July 2016 transfers to related party must be made at a market price determined by a qualified independent valuer. |
| Transfers between SMSFs and related parties | Acquisitions of permitted assets must be made at market value.
Disposals of assets must be made on an arm’s length basis. |
| Transfers between SMSFs and unrelated parties | A valuation is not required however the transfer must occur atarm’s length. |
| Determining the value of assets that support a super pension | The account balance needs to be determined on the commencement day of the pension or, for ongoing pensions, on 1 July of the financial year in which the pension is paid.
An annual valuation is generally not required unless there has been event that significantly affects the value of the asset. The valuation should be based on objective and supportable data. |
| Testing whether the market value of the SMSF’s in-house assets exceed 5% of the value of total assets held by the fund | The value of a fund’s total assets needs to be determined on 30 June of the financial year the in-house assets are held.
An annual valuation is generally not required unless there has been event that significantly affects the value of the asset. The valuation should be based on objective and supportable data. |
Checklist for obtaining valuations
Some assets must be valued in a particular way – these are summarised in table 2. For more detail, see Specific requirements for asset classes.
Table 2: Events and valuations requirements
| Event | Valuation requirement |
| Preparation of SMSF financial accounts and statements. | Based on objective and supportable data |
| Collectables and personal use assets – acquired after 1 July 2011 and transferred or sold to a related party after that date | Qualified independent valuer |
| Collectables and personal use assets – acquired before 1 July 2011 and transferred or sold to a related party before 1 July 2016 | Transfer made at arm’s length pricethat is based on objective and supportable data |
| Collectables and personal use assets – acquired before 1 July 2011 and transferred or sold to a related party from 1 July 2016 | Qualified independent valuer |
| Acquisition of an asset from a related party of the fund | Acquired at market value that is based on objective and supportable data |
| Disposal of an asset to a related party of the fund | Sale price should reflect a true market rate of return |
| Testing whether the market value of the SMSF’s in-house assetsexceeds 5% of the value of its total assets. | Based on objective and supportable data |
| Determining the value of assets that support a super pension or income stream. | Based on objective and supportable data |
We recommend the use of a qualified independent valuer where the value of the asset represents a significant proportion of the fund’s value or the nature of the asset indicates that the valuation is likely to be complex.
Collectables and personal use assets – questions and answers
Overview
On 1 July 2011 rules were introduced into the Superannuation Industry (Supervision) Act 1993 (SIS Act) for self-managed superannuation fund (SMSF) investments in collectables and personal use assets.
These rules took effect on 1 July 2011. They apply to all collectable and personal use asset investments made by SMSFs on or after that date. If your SMSF held an investment in a collectable or personal use asset prior to 1 July 2011, it has until 1 July 2016 to comply with the rules. This transitional period provides SMSF trustees with existing investments in collectables and personal use assets time to comply with the rules.
What are collectables and personal use assets?
Section 62A of the Superannuation Industry (Supervision) Act 1993 (SIS Act) provides that the regulations may make rules in relation to trustees of self-managed superannuation funds (SMSF) making, holding and realising investments involving collectables and personal use assets.
Regulation 13.18AA (1) specifies the assets that are taken to be collectables and personal use assets as:
- artwork (within the meaning of the Income Tax Assessment Act 1997 (ITAA97))
- jewellery
- antiques
- artefacts
- coins, medallions or bank notes
- postage stamps or first day covers
- rare folios, manuscripts or books
- memorabilia
- wine or spirits
- motor vehicles
- recreational boats
- memberships of sporting or social clubs.
Artwork is defined as a painting, sculpture, drawing, engraving or photograph, a reproduction of such a thing, or property of a similar description or use. Coins and bank notes are collectables if their value exceeds their face value. Spirits includes, but is not limited to, whiskey, gin, vodka, tequila, brandy and rum. Motor vehicles include, but are not limited to, motor cars and motor cycles.
So, what are the rules?
As previously noted, it is important to remember the rules do not replace or supersede any existing requirements imposed by superannuation law in respect of your fund’s investments. That is, your fund is still required to comply with all existing legislative requirements, including the sole purpose provisions.
To read more click here
Self-managed super fund statistical report – September 2012
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Expanded super reporting
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Self Managed Super Fund set-up
Self Managed Super Fund set-up
When Self Managed Super Fund (SMSF) is set-up and requires first year of the audit, please contact us to provide you with special discount.
If you are a accountant, advisor or administrator looking for competitive audit fee package to get edge in the market place contact us today to discuss your requirements.
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e:info@ManageYourSuper.com.au | p: 1300 661 069 | f: (03) 9746 6330 | w: www.manageyoursuper.com.au |
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location: Level 40, 140 William Street, Melbourne, VIC 3000, AUSTRALIA| postal: PO Box 2050 Melton South VIC 3338 |
SMSF – Trustee Obligations and Prudential Standards
Superannuation Legislation Amendment (Trustee Obligations and Prudential Standards) Act 2012
- C2012A00117
Schedule 1—Trustee obligations
Superannuation Industry (Supervision) Act 1993
1 Subsection 10(1)
Insert:
enhanced director obligations, for MySuper products, means the obligations imposed by:
(a) section 29VO; and
(b) covenants prescribed under section 54A that are specified in the regulations as forming part of the enhanced director obligations.
2 Subsection 10(1)
Insert:
enhanced trustee obligations, for MySuper products, means the obligations imposed by:
(a) covenants referred to in section 52, as enhanced by the obligations imposed under section 29VN; and
(b) covenants prescribed under section 54A that are specified in the regulations as forming part of the enhanced trustee obligations.
To read more click here
Are SMSF audits too expensive?
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SMSF AUDIT FEE EXPENSIVE SMSF AUDIT MELBOURNE SMSF AUDIT SYDNEY SMSF AUDIT AUSTRALIA SELF MANAGED SUPER FUNDS AUDIT
SMSF Insurance considerations, Market Valuation and keep assets separate
Superannuation Industry (Supervision) Amendment Regulation 2012 (No. 2)
- F2012L01654
Key updates:
1. SMSFs to consider insurance for members as part of the fund’s investment strategy,
2. Keep money and other assets of an SMSF separate from those held by a trustee personally and by a standard employer-sponsor or an associate of a standard employer-sponsor and
3. Require SMSF assets to be valued at market value for reporting purposes
| SLI 2012 No. 183 Regulations as made |
| This regulation amends the Superannuation Industry (Supervision) Regulations 1994 to require trustees of self managed superannuation funds (SMSFs) to consider insurance for members as part of the fund’s investment strategy, keep money and other assets of an SMSF separate from those held by a trustee personally and by a standard employer-sponsor or an associate of a standard employer-sponsor and require SMSF assets to be valued at market value for reporting purposes. |
| To ream more click here |
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