Please note that the content of past webinars may not be accurate due to subsequent changes to the legislation.
GRANT ABBOTT | DIRECTOR | I LOVE SMSF
13 July 2021
THE SIX MEMBER SUPER FUND RULE WILL BE LAW WITHIN A MONTH OR SOONER. THAT MEANS AUDITORS NEED TO BE UP TO SPEED AND UNDERSTAND ALL THE FOLLOWING TERMS:
• FAMILY BLOODLINE SUPER FUNDS
• LIVING SMSF WILL
• SMSF WILL
• LEADING MEMBER SMSF
• SUPERANNUATION EPOA
• FAMILY INSURANCES
COLIN LEWIS | HEAD OF STRATEGIC | FITZPATRICKS
7 December 2021
THE DOWNSIDE TO CONTRIBUTING TO SUPERANNUATION IS FUNDS ARE LOCKED UP UNTIL A MEMBER IS ELIGIBLE TO ACCESS THEIR BENEFITS. THIS SESSION EXPLORES THE VARIOUS CONDITIONS OF RELEASE AND HIGHLIGHTS WHAT IS ACCEPTABLE – AND WHAT IS NOT – THAT MEMBERS OF SMSFS MAY TRY ON TO GET THEIR MONEY OUT.
CHRIS KETSAKIDIS | PARTNER | MILLS OAKLEY
2 November 2021
ASIC REGULATION OF AUDITORS:
AN INCREASING NUMBER OF SMSF AUDITORS ARE BEING REFERRED TO ASIC FOR NON-COMPLIANCE.
IN THIS SESSION, WE WILL CONSIDER ASIC’S CURRENT APPROACH TO SANCTIONS AND PENALTIES AND THE KEY LESSONS FOR AUDITORS.
TO BE ADVISED
BRYCE FIGOT | SPECIAL COUNSEL | DBA LAWYERS
5 October 2021
AUDITING PROPERTY DEVELOPMENT:
BRYCE WILL COVER STRUCTURES FOR SMSF PROPERTY DEVELOPMENTS, AND WHERE COMPLIANCE ISSUES THAT ARISE THAT AUDITOR MUST BE AWARE OF.
THESE ISSUES INCLUDE:
LRBAS, JOINT VENTURES, NON-ARM’S LENGTH INCOME, INCORRECT USE OF DIV 13.3A (AKA NON-GEAREDOR13.22C)UNIT TRUST.
This session will cover popular structures for SMSF property developments, and where compliance issues that arise that auditor must be aware of. These issues include: LRBAs, joint ventures, non-arm’s length income, incorrect use of div 13.3A (aka non-geared or 13.22C) unit trusts and much more.
WILLIAM FETTES | SENIOR ASSOCIATE | DBA LAWYERS
7 September 2021
NON-ARM’S LENGTH INCOME RISK:
NON-ARM’S LENGTH GENERAL V SPECIFIC EXPENSES ARE TREATED
THE DISTINCTION BETWEEN A TRUSTEE/DIRECTOR SERVICE AND INDIVIDUAL CAPACITY
RECURRENT EXPENSES GIVE RISE TO NALI THAT IS CONFINED TO A SPECIFIC FINANCIAL YEAR
IMPORTANT CHANGES TO THE ATO’S VIEWS AND MUCH MORE...
MATTHEW BURGESS | DIRECTOR | VIEW LEGAL
10 August 2021
SUPERANNUATION AND ESTATE PLANNING
•RECENT CASES REGARDING DEATH BENEFIT NOMINATIONS, INCLUDING KEY ISSUES FOR AUDITORS TO BE AWARE OF INTERPLAY OF DEATH BENEFIT NOMINATIONS, REVERSIONARY PENSIONS AND SUPERANNUATION WILLS FROM AN AUDITOR’S PERSPECTIVE
•MANAGING INSURANCE PROCEEDS IN SUPERANNUATION
SMSF DOCUMENTATION IN THE AGE OF COVID-19 RELIEF MEASURES AND THE ATO'S COMPLIANCE
1 December 2020
Nicholas Ali| Executive Manager-SMSF Technical Support|Super Concepts
- Documentation required by auditors for early release of super, rent relief and other types of COVID relief measures.
- Nicholas will explain how to do documentation in response to COVID-19 regarding rent reductions, waivers and loan relief provided to related parties.
- This session will consider in detail the important role investment strategies play during periods of economic turmoil.
Audit ISSUES FOR SMSFs LEASING ASSESTS
11 May 2021
LYN FORMICA | HEAD OF SMSF TECHNICAL & EDUCATION SERVICES | HEFFRON
One of the many reasons individuals choose to establish an SMSF is to invest in real property. In this session Lyn will discuss:
- Leasing real property – what are the auditor’s responsibilities
- Related parties vs third parties – how are the issues different
- How to appropriately identify and report a SIS compliance issue vs a tax issue
UPDATE ON LRBAS – BENCHMARKING & ALTERNATIVE ARRANGEMENTS
25 May 2021
ANDREA CARRICK | DIRECTOR, SMSF SPECIALIST ADVISOR™ | AG TAX LAWYERS
· Is the use of LRBAs in SMSFs a dying art? State of play following the exit of the large lenders
· LRBAs and related party loans – what to look for in establishing the arm’s length terms of the loan
· The ATO’s safe harbour loan terms
· Property development in SMSFs and alternate loan arrangements
Intermediary debt arrangements – when are they compliant
SOLE PURPOSE TEST
14 May 2019
Chris Ketsakidis | Partner Corporate Advisory | Mills Oakley
- Regulators increasingly use the sole purpose test to pursue SIS breaches.
- Penalties include rendering a fund non-complying or fining persons involved in contraventions; in some cases they pursue criminal charges and imprisonment.
- So what is the sole purpose test?
AUDIT ISSUES FOR THE PAYMENT OF DEATH BENEFITS
2 April 2019
Mark Wilkinson | Partner - Superannuation | BDO Private Wealth Advisers
Death Benefits can be paid as a Lump Sum or as an Income Stream, legislation requires them to be paid as soon as practical.
This presentation is going to explore compliance issues and what an SMSF Auditor needs to check if the deceased was in Accumulation or in Pension Phase at the time of death.
IN-HOUSE ASSETS - COMPLEX AUDIT OF SMSF'S THAT INVEST IN TRUSTS
10 September 2019
Manoj Abichandani | Technical Director www.trustdeed.com.au
- In House Assets - How to identify, measure and report
- Investments in unlisted Trusts - How to Identify related trusts, Who are Part 8 Associates. Valuation of Investment
- Auditors Reporting Obligations
AUDIT ISSUES WHEN A MEMBER LOSSES CAPACITY
19 March 2019
Clinton Jackson | Partner | Cooper Grace Ward Lawyers
SMSF trustees and members suffering from a lack of capacity are increasing
- What paperwork is required when a trustee/member loses capacity to comply with the SIS Act and the trust deed
- Common problems with trust deeds that can cause the SMSF to breach the SIS Act
YES, PROPERTY DEVELOPMENT IN AN SMSF CAN BE DONE BUT...
30 April 2019
Phil Broderick | Principal Sladen Legal
- Main issues which Trustees must consider before embarking on any projects
- What the auditor needs to check, especially when there are related parties involved in building and
- Tips and Traps at each stage of development.
CONTRIBUTIONS TO SMSF - AUDITORS PROSPECTIVE
28 May 2019
Mark Wilkinson | Partner Superannuation - BDO Private Wealth Advisers
Rules on what & how much can be contributed to Superannuation have changed since 1st July 2017.
In this session Mark, who has been providing superannuation and retirement planning advice for more than 30 years, will discuss Auditors duties, whilst auditing accumulation funds &
New Superannuation Contribution Rules & how Total Superannuation Balance and Transfer Balance Cap have become the new landmarks for auditing contributions
VALIDITY OF BINDING DEATH BENEFIT NOMINATION - WHAT AUDITORS NEEDS TO CHECK
23 July 2019
Rebecca van Langenberg | Special Counsel Madgwicks Lawyers
This webinar will discuss the following key issues auditors need to consider when reviewing Binding Death Benefit Nominations
- Legislative requirements for a valid Binding Death Benefit Nomination
- Ensuring compliance with the Fund deed & Auditor requirements and steps to take where a concern is identified
EXECUTOR CONFLICT OF DUTY AND DEATH BENEFIT PAYMENTS FROM AN SMSF
17 September 2019
Shaun Backhaus | Lawyer DBA Lawyers
A conflict of duty can arise where the executor of an estate seeks death benefit payments in their own capacity.
- Recent case law shows this can result in ‘unfair’ outcomes.
- What can be done to ensure the conflict doesn’t arise?
LRBA'S -DIV 7A VS PCG 2016/5 BATTLE OF 2 LAWS
11 August 2020
With exit of 1st tier lenders many SMSF have borrowed from related parties, Manoj in this webianr will discuss the dangers of borrowing from related parties by SMSF Trustees during COVID 19
- Pitfalls for Related Companies and Trusts lending to SMSF via an LRBA - What Trustees need to be careful about and ensure that SMSF's not only comply to Div 7A but also to PCG 2016/5
- One un-ticked box in the LRBA could mean that income of the asset becomes NALI and tax paid by the fund at the highest tax rate. A detailed audit checklist will be provided to SMSF Auditors.
ISSUES FOR SMSF AUDITORS IN TRUST DEEDS
10 December 2019
Scott Hay-Bartlem | Partner | Cooper Grace Ward Lawyers
- Do you have the current trust deed? and
- Are you dealing with the correct trustee?
- What happens when deed variations and changes of trustee don’t work?
- Key trust deed provisions which auditors must look out for
IRENE'S GUIAMATSIA | INVESTMENT TRENDS
27 July 2021
RECENT INSIGHTS AND TRENDS INTO SMSFS IN AUSTRALIA:
THE WEBINAR WILL COVER:
• ADVICE OPPORTUNITIES IN THE SMSF SPACE
• HOW SMSFS’ INVESTMENT BEHAVIOUR IS CHANGING IN LIGHT OF THE ONGOING PANDEMIC
• DEEP DIVE INTO SMSFS’ ATTITUDES IN AN EMERGING TOPIC – ESG INVESTING
JEMMA SANDERSON | DIRECTOR | COOPER PARTNERS
16 November 2021
JEMMA WILL COVER THE CURRENT CONTRIBUTION LANDSCAPE, INCLUDING THE IMPLEMENTATION AND CONSIDERATIONS REGARDING:
•CARRY FORWARD CONCESSIONAL CONTRIBUTIONS
•ASSESSMENT OF THE WORK TEST FOR ACCEPTING CONTRIBUTION
•WITHDRAWAL AND RECONTRIBUTION STRATEGIES
•BRING FORWARD PERIODS
TO BE ADVISED
STEVEN JELL | SENIOR ASSOCIATE | COOPER GRACE WARD
21 September 2021
DEATH BED SUPERANNUATION MEMBER PAYMENTS – PROBLEMS AND PITFALLS
MAKING A TAX-FREE SUPERANNUATION MEMBER PAYMENT SHORTLY PRIOR TO THE DEATH OF A MEMBER CAN MINIMISE THE TAX THAT WOULD OTHERWISE BE PAYABLE ON THAT MEMBER’S SUPERANNUATION DEATH BENEFIT. BUT HOW MUST IT BE DONE WITHIN AN SMSF?
SMSF AUDITORS AND THE ATO’S COMPLIANCE APPROACH FOR 2021-2022
8 June 2021
KELLIE GRANT | PORTFOLIO DIRECTOR | ATO
THIS SESSION WILL COVER THE IMPACTS OF SMSF COVID RELIEF ON THE 2020 AND 2021 AUDIT AND DISCUSS THE ATO’S COMPLIANCE APPROACH TO THE APPLICATION OF THE INDEPENDENCE STANDARDS, ESPECIALLY AS THEY RELATE TO IN-HOUSE AUDITS.
AUDIT OF CONTRIBUTIONS – WHAT ARE THE LATEST RULES RE CONTRIBUTING TO A SMSF?
27 April 2021
ROHAN MANSFIELD | PRINCIPAL | LDB GROUP
The rules re contributing to Super have continued to change on a yearly basis so auditors must be aware of the latest rules.
The webinar will cover audit considerations in relation to:
- Splitting of contributions
- Downsizer contributions
- Concessional contribution caps.
- Non-Concessional contribution caps
- Total Super Balance & NCC’s - $1.6M or $1.7M
- Increase of contribution age from under 65 to under 67
- Work-test eligibility & contributions for those aged 67 to 74
- Carry forward Concessional contribution cap requirements
- Ability to make contributions in year after a member retires
ESTATE PLANNING UNDER THE NEW SUPER LAWS
20 November 2018
Phil Broderick - Sladen Legal
This session will examine how the new super laws affect estate planning and in particular, what issues auditors have to be aware of.
WHEN & WHEN NOT TO LODGE A CONTRAVENTION WITH ATO
19 February 2019
Manoj Abichandani | SMSF Technical Director | trustdeed.com.au
SMSF Auditors responsibility to report to Trustees
- Auditors Report (Financial & Compliance)
- Management Letter - What issues are to be reported
Reporting obligation to the Regulator
- Not all contraventions need to be reported
- What are the reporting criteria's
MANAGING THE ATO SMSF NON-COMPLIANCE ARGUMENT
20 August 2019
Peter Bobbin - Managing Principal | Argyle Lawyers
- How to dissect the Super Fund troubles and Construct an ATO "Get out of Trouble" plan
- Match the plan with the facts and devise a strategy
- How to unmask the hidden conditions behind ATO's "No Further Action" letters
PENSION DOCUMENTS: AUDITOR'S PREVENTION IS BETTER THAN ANY CURE
6 August 2019
Scott Hay-Bartlem | Partner | Cooper Grace Ward Lawyers
Why pension documents are important and what can go wrong
- What to look for in pension documents where a SMSF is paying a pension &
- What to look for in trust deeds when an SMSF is paying a pension
- Tips and traps in reviewing pension documents
AUDIT ISSUES FOR PAYING MEMBER BENEFITS
25 June 2019
Lyn Formica | Head of SMSF Technical & Education Services | Heffron SMSF Solutions
The 1 July 2017 changes to the tax treatment of pensions mean more SMSF members are seeking access to their benefits in the form of a retirement phase pension. In this session Lyn will discuss:
- Mechanics of the SIS retirement definitions – what are the auditor’s responsibilities
- Refresher on the common and not so common conditions of release – what should an auditor be looking for & Loans to members vs early access benefit payments
WHAT SUPER FUND AUDITORS SHOULD DO NOW TO AVOID BEING SUED BY TRUSTEES
5 February 2019
Grant Abbott | SMSF Author & Commentator | Latest Book "Guru's Guide to SMSFs"
The SMSF Auditing profession is getting hammered on all sides. Fee pressures from clients, proposals for 3 year audits and the disastrous negligence cases such as Cam & Bear as well as Baumgartner.
2018 was not a good year for auditors with many questioning whether to go or stay. In this session Grant Abbott, author of the bestselling book “The Guru’s Guide to SMSFs” will look at:
The question of negligence, what an auditor can do to protect themselves, their practice and also grow their business while others are folding.
WHAT SMSF AUDITORS NEED TO LEARN FROM CAM & BEAR PTY LTD VS MCGOLDRICK & RYAN WEALTH HOLDINGS PTY LTD VS BAUMGARTNER
12 November 2018
This session will examine two recent cases where SMSF Auditors were held responsible for failure of investments made by the trustees of the fund; and
Discuss what auditors must do next to protect themselves from future litigation's
DOES YOUR SMSF INVESTMENT STRATEGY MEET DIVERSIFICATION REQUIREMENTS
15 October 2019
Issues to consider when auditing a fund which has 90% or more of its funds in one asset or a single asset class
- Trustees have not considered diversifying their fund’s investments and
- How the lack of diversification can put fund’s assets at risk
AUDIT ISSUES FOR THE 2020 FINANCIAL YEAR - EVERYTHING YOU NEED TO KNOW
28 July 2020
Lyn Formica - Head of Technical & Education | Heffron SMSF Solutions
- All SMSF changes which have occurred during the financial year ended 30th June 2020
- The new auditor’s responsibilities
- Refresher on the common and not so common SMSF audit issues
DEALING WITH UNLISTED INVESTMENTS IN SMSF - FASEA
4 February 2020
- Recently ATO audited top 51 SMSF Auditors and found that 36 needed further education - 23 Auditors failed to obtain sufficient appropriate evidence to verify the funds compliance with the super Laws
- In this presentation Manoj will discuss how Auditors should deal with an unlisted investment by an SMSF and ensure that the fund has complied and
- How to avoid any litigation from Trustees