Past Webinars

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CGT SMALL BUSINESS CONCESSIONS

SUZANNE | DIRECTOR | TRIBE GROUP

Focusing on the retirement exemption and in particular revisiting the rules and what substantiation documentation is required to ensure compliance for this type of contribution into an SMSF.

TO BE ADVISED

JEMMA SANDERSON | DIRECTOR | COOPER PARTNERS

TO BE ADVISED

TO BE ADVISED

STEVEN JELL | SENIOR ASSOCIATE | COOPER GRACE WARD

TO BE ADVISED

SMSF DOCUMENTATION IN THE AGE OF COVID-19 RELIEF MEASURES AND THE ATO'S COMPLIANCE

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

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

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

NALI, NALE OR GNARLY – NON-ARMS' LENGTH INCOME EXPOSURES

Phil Broderick - Sladen Legal

Just what is arms' length in super? Where and how does this apply? The SIS rules versus the tax rules versus what SMSF auditors really need to know. Where and how to limit your audit risk.

SOLE PURPOSE TEST

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

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

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

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...

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

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

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

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

Manoj Abichandani

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

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

AUDITING THE AUDITORS - WHAT AN SMSF AUDITOR CAN EXPECT DURING AN ATO AUDIT

Kellie Grant | ATO Director | SMSF Approved Auditors Portfolio

  • ATO auditor compliance program planned for 2019-2020 how we identify auditors for audit &  
  • the audit process and the evidence we look for on file results from the 2018-2019 auditor compliance program

WHY INVESTMENT STRATEGIES CAN BANKRUPT SMSF AUDITORS

Grant Abbott | Lawyer | I Love Super

  • In this session Grant Abbott, author of the best selling “The Guru’s Guide to SMSFs” will look at the question of negligence,  what an auditor can do to protect themselves & their practice
  • Why ATO is insisting that each SMSF must have an Investment Strategy & Role of an Adviser in developing Investment Strategy for Trustees
  • What an SMSF Auditor must audit when Auditing SMSF assets

SMSF - CONSIDERATIONS IN THE EVENT OF A DIVORCE

Peter Bobbin | Principal Lawyer | Coleman Greig Lawyers

Issues to consider pre-relationship

  • Super is property of a marriage or defacto relationship under the Family Law Act 1975  
  • Financial agreements pre-relationship (pre-nup)

Practical tips

  • Issues to consider immediately on separation
  • Liability as trustee
  • Binding death benefit nominations

TO BE ADVISED

MARK WILKINSON | PARTNER | BDO

TO BE ADVISED

Auditing property development in SMSF

BRYCE FIGOT | SPECIAL COUNSEL | DBA LAWYERS

TO BE ADVISED

TO BE ADVISED

MATTHEW BURGESS | DIRECTOR | VIEW LEGAL

TO BE ADVISED

SMSF AUDITORS AND THE ATO’S COMPLIANCE APPROACH FOR 2021-2022

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?

ROHAN MANSFIELD | PRINCIPAL | LDB GROUP

What areas should the auditor focus on re contributions

Concessional contribution & non concessional cap rules – what are the changes to the rules

Contributions and meeting the work test if over 65

Member taxable contributions – what documentation is required

Downsizer contribution rules

ESTATE PLANNING UNDER THE NEW SUPER LAWS

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

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

SMSF RESIDENCY ISSUES

Chris Ketsakidis | Partner Corporate Advisory | Mills Oakley

What are the elements of the residency test? How to determine if its failed? What happens if it is failed?

MANAGING THE ATO SMSF NON-COMPLIANCE ARGUMENT

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

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

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

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.

GENERATIONAL RETIREMENT PLANNING

Mark Wilkinson | Partner Superannuation - BDO Private Wealth Advisers

In his presentation Mark will discuss the following:

  • Retirement Planning - Strategies for 65 Years and Over

WHAT SMSF AUDITORS NEED TO LEARN FROM CAM & BEAR PTY LTD VS MCGOLDRICK & RYAN WEALTH HOLDINGS PTY LTD VS BAUMGARTNER

Manoj Abichandani

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

Shayne Sommer

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

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

Manoj Abichandani

  • 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

AUDIT OF SMSF PAYING VARIOUS TYPES OF PENSIONS TO MEMBERS

Rohan Mansfield | Principal Adviser | LDB Financial Group

  • Rohan in this webinar will discuss: Pension rules - When can members commence a pension / Various Types of pensions
  • Binding Vs Non-binding Pensions on death / How Transfer Balance Account of member behaves when pension payments are made or when income is credited to the member account
  • How to audit a fund where there are pension members along with accumulating members plus how to calculate claim Exempt Current Pension deduction and expenses of the fund

RENT RELIEF ISSUES AND OTHER ATO COVID-19 SMSF MEASURES

Clinton Jackson | Partner | Cooper Grace Ward

  • In response to COVID - 19, ATO Introduced new provisions on : Minimum pension payments, Early access to superannuation, 
  • In-house assets & Rent relief for commercial property rented to related parties In this presentations Clinton is detail what this means for Trustees and Accountants &
  • How the audit of SMSF's will change for financial year ended 30th June 2020

BDBN VS REVERSIONARY PENSION AS A STRATEGY

Deanne Firth | Principal | Tactical Super

  • Whether a reversionary pension always applies before a binding death benefit nomination? How you as an auditor can identify for a Fund audit.
  • Reversionary pensions as a strategy and steps to follow on the death of a member
  • BDBN case lessons including the recent decision from Marsella

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