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Tuesday, 10 March 2015

Trustees under the spotlight

Christine St Anne: We're at the SMSF Association's Annual Conference and today I'm joined by Andrea Slattery to give us her broad views on the industry. Andrea, lovely to see you again.

Andrea Slattery: Thank you very much for having me here.

St Anne: Now, Andrea, a lot of our trustees already know your association as SPAA, but you recently rebranded. Can you give us a reason about what is actually in the new name? 

Slattery: Well, in effect it's about simplicity and intuitively being able to find an association that can actually service the community of the SMSFs. When we started our organization 12 years ago, it was about building professionalism, integrity and sustainability in the SMSF sector, and when we went out to do some research, the general community that weren’t members or trustees within the communities. So it sounds like an association with the wrong name. They thought of hot tubs, and they said why don’t you just drop the name and you talk about the SMSF Association, which is what you are.

So, we thought about that and intuitively we felt that it was right. We're also at the right time in the stage of a life cycle. We have created an SMSF profession. There is a genuine wellbeing about the SMSF sector and there have been three major reviews in Australia, government reviews sort of confirm the SMSF sector was well-managed, it's well functioning, it's had a clean bill of (hills) and that they have confirmed this a new profession. So, it was time.









Self Managed Superannuation fund


St Anne: Now we've got SMSF association.

Slattery: SMSF Association.

St Anne: Now Andrea, what I found interesting in your presentation was how the conference seems taking the focus on the trustee pretty much on the center. So as of the newly rebranded association, how does the trustee come under spotlight? Will you be doing more to focus on the trustee?

Slattery: Yes. We started the association looking at the integrity of the industry, which meant that we have a number of communities that we actually had under our care. So as members, you had the professionals. You had the educators and the trustees and other community, such as the regulators and maybe they're in all sorts of other areas, the administrators that actually impact on the SMSF sector. 

This year for the first time though we decided rather than having our conference, which focused on an individual issue within a profession, say like a borrowing rule or about a tax rule, or about something that an accountant would do, we thought it was high time that we actually had something that would allow a person providing services through the trustee to be able to understand where they were in their life cycle and it's really imperative that it didn’t matter what level of knowledge, but they could actually provide advice for an individual in their life cycle and that they could actually provide services along the journey and that would change along the journey, and this conference is to help everybody have a new framework of advice for them. 

St Anne: Now, Andrea, the other interesting thing that we got from the conference is that you've started (sparring with your husband and into boxing). Now, of course, the government has made some noises or actually even the media has made some noises about targeting super concessions. So as an association, do you think you might need to put some sparring gloves on in order to look at some of these policies and whether they are viable with the government?

Slattery: Yes. I'd have to say that I will be putting that gloves on with this. Two things; and I need all of you to actually help us with it. The tax concessions I provided for people to put money away now for the future. There has to be an incentive for you to save for a period of one year to 50 years. It has to be measured. At the moment, the behavioral aspects of how people would spend their money, if they weren’t getting a tax concession, is not well measured.
We know that it is better to have a super savings system and our research is showing, you are more likely to save if you have a tax concession and you contribute to super than you are if you are just were left without any compulsion.

The third part is the government makes the laws, the tax laws and the super laws. When they fiddle around with it, they affect the confidence of consumers, they affect the confidence of your clients and they affect the confidence of trustees. You have every right to actually bring your issues to the table and support super in keeping it’s tax concessions as the primarily savings vehicle and having surety and certainty going forward, and so the government committing to this issue that they will not fiddle with it along the journey. 

St Anne: Andrea, thank you so much for your time today.

Slattery: Pleasure, it's lovely being here, Christine.

St Anne: And apologies to all our viewers with the noise in the background, but we are at a live conference, and Andrea and I have to grab some time in pretty much the basement of the event. So, Andrea, thanks for your understanding.

Slattery: My pleasure, it's great. Enjoy your day.

St Anne: We will. Thank you all.

This news is reprinted from site  http://www.morningstar.com.au/video/smsf/tax/2473 

Saturday, 7 March 2015

Self managed super funds

Self-managed super funds (SMSFs) provide a way of saving for your retirement. The difference between an SMSF and other types of fund is that the members of an SMSF are usually also the trustees. This means the members of the SMSF run it for their own benefit and are responsible for complying with the super and tax laws.
ATO is the regulator of SMSFs.
SMSF Auditor Australia

  • If you set up an SMSF, you're in charge – you make the investment decisions for the fund and you're responsible for complying with the law. It's a major financial decision and you need to have the time and skills to do it. There may be better options for your super savings. Either way you should consider professional advice.
    Your SMSF needs to be set up correctly so that it's eligible for tax concessions, can receive contributions and is as easy as possible to administer. You'll need to work out the structure of your fund, create a trust deed and appoint your trustees, among other things.
    As an SMSF trustee, you can accept contributions for your members from various sources but there are some restrictions, mostly depending on the member’s age and the contribution caps.
    You need to manage your fund’s investments in the best interests of fund members and in accordance with the law. The SMSF's investments must be separate from all personal and business affairs of fund members, including your own.
    Generally your SMSF can only pay a member's super when the member reaches their ‘preservation age’ and meets one of the conditions of release, such as retirement. The payment may be an income stream (like a pension) or a lump sum, depending on the circumstances. There are significant penalties for releasing super benefits without meeting a condition of release.
    At some point you may need to wind up your SMSF. This could happen if all the members and trustees have left the SMSF or all the benefits have been paid out of the fund. You'll need to deal with members' benefits and finalise your reporting responsibilities.
    As a trustee you have a number of administrative obligations – for example, you need to arrange an annual audit of your fund, keep appropriate records and lodge an annual return with us. Failing to meet your obligations may result in penalties.
    You can contact us for general help with your SMSF, or write to us for advice specific to your fund's circumstances. We can't provide financial or investment advice.



  • This news is reprinted from site https://www.ato.gov.au/Super/Self-managed-super-funds/


Self-managed superannuation fund independent auditor's report

You should use this report if you:
  • are an approved self-managed superannuation fund (SMSF) auditor
  • have been appointed by a trustee of an SMSF to give a report on the operation of that fund for each income year.
An approved SMSF auditor is an auditor who is registered with the Australian Securities & Investments Commission (ASIC). ASIC issues each approved SMSF auditor with an SMSF auditor number (SAN). You must include your SAN when completing this report.


Get it done
A downloadable version of this report is available. The Self-managed superannuation fund independent auditor’s report (NAT 11466, RTF, 1.72MB) includes the instructions and the form.
End of get it done
Attention
The report available at the link above is effective for reporting periods starting on or after 1 July 2013. You may use this report for audits completed for earlier periods. However, you must take care to comply with the auditing standards and legislation that applied to that earlier period.
This report will only be reissued when changes are made.

Independence

SMSF auditors must comply with prescribed independence requirements as set out in the Accounting Professional and Ethical Standards Board’s pronouncement, APES 110 Code of Ethics for Professional Accountants.
Some threats to independence can only be eliminated or reduced to an acceptable level by declining or removing yourself from the audit engagement – this includes an engagement to audit the fund where you:
  • are a trustee or director of a corporate trustee or a member of the fund
  • are a relative or close associate of a trustee or director of a corporate trustee or a member of the fund
  • personally have prepared the accounts and the statements for the fund being audited.
Attention
The audit report now includes a specific commitment that the auditor has complied with auditor independence requirements prescribed by the Superannuation Industry (Supervision) Regulations 1994 (SISR).
End of attention
Find out more
Further guidance on auditor independence and adherence to APES 110 is available in the Joint Accounting BodiesFootnote1 publication Independence Guide as well as in the AUASB’s Guidance Statement GS 009 Auditing SelfManaged Superannuation Funds on their website auasb.gov.au

SMSF compliance services
This News is reprinted from site   https://www.ato.gov.au/Forms/SMSF-independent-auditor-s-report/