The BDO quarterly update is a wealth of information about the latest on the ins and outs of superannuation and self-managed funds.
Keeping up to date with the latest developments and requirements in the ever-changing superannuation and self-managed superannuation fund (SMSF) landscape in Australia is crucial to fulfilling your obligations and optimising your superannuation benefits.
This update covers important announcements from the Australian Taxation Office (ATO), good record keeping and how this can reduce SMSF compliance and audit costs, upcoming lodgement dates, and a Q&A with BDO partner Bill Matley.
The Australian Taxation Office (ATO) is the primary regulator in relation to self-managed superannuation funds (SMSFs).
From 13 November, the ATO introduced client-to-agent linking to all types of entities with an ABN, including SMSFs. This means in certain circumstances, SMSF trustees will now need to nominate (or link) their tax agent via the ATO’s Online Services for Business (OSB) before the tax agent can act on their behalf.
The ATO has introduced this client-to-agent linking as part of its efforts to enhance security and streamline communication between tax professionals and their clients.
If you are establishing a new SMSF and will be using a tax agent, you can link to your agent by lodging the SMSF ABN registration form and nominating your tax agent as your representative in the application.
When the application for the ABN is processed, your tax agent will automatically be linked to your new SMSF and can act on the fund’s behalf.
For existing SMSFs, you will need to follow the client-agent linking steps in the ATO’s Online Services for Business (OSB) in order to:
For SMSFs with an individual trustee, one trustee can complete the linking process by setting up and accessing Online Services for Business (OBS) and completing the agent nomination.
For SMSFs with a corporate trustee, the principal authority needs to complete the client-to-agent linking process. Once they have set up their myGovID, they will need to contact the ATO for support to link the fund’s ABN to their myGovID in the “Relationship Authorisation Manager”.
BDO have detailed instructions on how to complete the client-to-agent linking process and will provide them to all new clients.
Note: if BDO is currently the tax agent for your SMSF, you do not need to take any action.
The ATO has reminded trustees who are considering buying a property in their SMSF that they should have a detailed understanding of the rules surrounding SMSFs and property.
Failure to understand and comply with these rules can result in penalties being applied.
Firstly, the property can only be used for providing retirement benefits to the SMSF members, otherwise it will breach the “sole purpose test”. This means you or your relatives cannot live in property owned by your SMSF.
When considering residential property, remember that your SMSF cannot purchase a property from a member or a related party of a fund member, or rent that property to a fund member or any related party of a fund member.
Commercial property has different rules to a residential property. A commercial property that is used solely for business purposes can be acquired by the fund from a member or a related party, providing the acquisition is at market value. It can also be rented to a member or related party, but this also must be rented at market rates.
If the trustees are not able to show evidence that the property is used solely for business purposes or is reported and rented at market value in their financial statements, this is a breach of superannuation laws.
In response to the COVID-19 pandemic, the federal government temporarily reduced superannuation minimum drawdown requirements for account-based pensions by 50 per cent for the years ended 30 June 2020, 2021, 2022 and 2023.
From 1 July 2023, this 50 per cent reduction in the minimum pension drawdown rate no longer applies and the drawdown rates will return to the percentages they were at before the COVID-19 reductions were put in place.
The minimum pension withdrawal rates from 1 July 2023 are:
Remember to keep this in mind when considering the cash flow of your SMSF for the coming year.
Q & A with Bill Matley, Partner, Business Services
Bill Matley is one of the newest partners at BDO, having joined the Sydney office in March 2023. Bill is an experienced Business Services adviser, with a special interest in superannuation. He sat down with BDO’s National Leader for Superannuation, Paul Rafton, for a chat.
Bill, what initially attracted you to join BDO?
The people! I had been working as a partner in a smaller firm for a long time and it became a struggle to assist clients as their affairs became more complicated. I was using BDO to provide tax advisory services for my clients and had such a good experience that I was very happy to join BDO when the opportunity arose.
You are a Business Services adviser, and you have a special interest in superannuation. What is the most common question you are fielding from clients, and how are you responding?
I tend to get a lot of questions about making property investments in super – a lot of members like the concept of having a tangible asset in their fund.
This can be especially useful for businesses looking to acquire a commercial property that can be used as an office. When acquiring a property in super, it is very important to get the process correct and also understand the ongoing obligations of owning property in superannuation. I would definitely recommend discussing this with your adviser if you are thinking of this strategy.
What are some of the more common mistakes you see trustees making, and what can they do to avoid making these mistakes?
There are some common mistakes that I see in a lot of funds, for example using personal bank accounts for receiving fund income or paying expenses.
One of the more complicated issues that I am seeing frequently is in relation to property investments. It is very important that trustees understand the requirements of owing the property in super, especially if the lease is with a related party. These obligations include:
These obligations are ongoing and trustees should be reviewing these items annually at least.
Did you know that while SMSF trustees have a legal requirement to keep accurate tax and superannuation records, good recording keeping can also help to reduce your SMSF compliance and audit costs?
In a previous edition of BDO’s Quarterly Superannuation Update, we detailed the legal requirements that SMSF trustees must meet when keeping records for their SMSF. However, good recording keeping can also help to reduce your annual compliance and audit costs and contributes to the efficient management of the SMSF.
It pays to understand what good recording keeping looks like when it comes to your SMSF. Good record keeping in a SMSF involves maintaining accurate, complete and organised documentation of all financial and compliance-related activities.
For example, ensure you have a complete set of bank statements for all SMSF bank accounts.
If you have purchased or sold assets during the year, ensure that you have provided your accountant with all relevant documents relating to the transaction. Documentation is essential for accountants and auditors, and if there are missing documents, this creates extra time and extra costs.
A complete set of records can help to keep your SMSF compliance and costs down in several ways, including:
Good record-keeping not only helps SMSFs comply with regulations but also contributes to the overall efficiency and effective management of the fund.
By avoiding errors, facilitating faster audits, and demonstrating compliance with the superannuation laws, SMSFs can reduce compliance and audit costs and ensure the smooth operation of the fund.
Contact our team of superannuation advisers today to find out how we can help you.