SUPERCentral News

With an ageing SMSF population what factors do we as advisers need to consider to determine whether our clients have capacity to act as a trustee? Jeff Song, Associate of Townsends Business & Corporate Lawyers will look at types of incapacity, the presumptions of sanity, stress test the SMSF for trustee incapacity and more. Register now by clicking the link above.

There has been a continuing legal controversy as to whether Binding Death Benefit Nominations (BDBNs) for SMSFs must, in order to be valid, comply with both the 2 independent witness rule and 3 year validity period rules (2 witness & 3 year rules). There is no controversy as to whether these rules apply for BDBNs in industry and retail superannuation funds: they do.

As indicated in the recent May Budget, the Government has decided to re-commence the project to introduce mutual funds (technical name - "Corporate Collective Investment Vehicles" abbreviated to "CCIVs" or event more succinctly "204s"). The Government intends that the legislative regime permitting mutual funds will have a start date of 1 July 2022.

Interested in understanding Testamentary Trusts vs Discretionary Testamentary Trusts, how they differ and how they can be incorporated as part of an intergenerational wealth transfer strategy, then look out for our webinar announcement in next month's SC News.

A question we get from time to time is whether the trustee(s) of an SMSF can enter into transactions with a fund member's former spouse whether the transaction is a loan, lease or another type. In this article, we will consider a number of compliance issues with SMSF transactions involving a former spouse.

The Australian Taxation Office (ATO) maintains a publicly accessible website of Self Managed Superannuation Funds (SMSFs) - called SuperFund Lookup. This data base contains basic information about an SMSF such as its name, its ABN, contact details and, most importantly, its "status". Neither the name of the trustee nor the names of the members of the SMSF are disclosed on the website.

In the 2016-17 Federal Budget, the Government announced targeted amendments to Division 7A. A single 10 year loan model will be used instead of the existing 25 year and 7 year loans. The interest rate will also be revised to the RBA overdraft rate for small business which is usually 2% higher than the current benchmark rate.