With Labor winning the election with a clear majority, the SMSF sector is now once again poised for battle over the controversial Division 296 tax. In this episode of the SMSF Adviser podcast, hosts Keith Ford and Aaron Dunn sit down with SMSF Association CEO Peter Burgess to talk about the implications of the election results, what it may mean going forward, and the association’s plans to convince the elected politicians on the adverse outcomes of the tax. The podcast will also delve into the latest draft DBFO legislation and how the proposed changes may affect advisers specialising in SMSFs. Listen as they discuss: The election results and the impacts it will have on legislation. Time frames for the legislative process. Strategies going forward in lobbying the government. The DBFO draft legislation.
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37:31
Election countdown
In this episode of the SMSF Adviser podcast, hosts Keith Ford and Aaron Dunn discuss the issues that may affect super and the policy positions of the two major parties. Tax reform has been the elephant in the room during the federal election campaign, but there has been some mention of the Division 296 tax by the opposition, which has also made commitments regarding advice reforms and adviser numbers. This podcast covers some of the big-ticket items concerning the advice and super sectors, including: Bargaining by the Greens to reduce the super tax threshold to $2 million and its impact on the transfer balance cap. Reforms to the CSLR. Increasing adviser numbers. Housing policies and tax implications.
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45:56
Unpacking the Bendel decision
In this edition of the SMSF Adviser podcast, hosts Keith Ford and Aaron Dunn are joined by legal specialist Phil Broderick, principal at Sladen Legal, to discuss the implications of the Bendel court decision – a landmark ruling with potentially far-reaching consequences for SMSFs and private trusts. This ruling has profound implications for the use of discretionary trusts and corporate beneficiaries, potentially allowing distributions to remain unpaid without triggering Division 7A consequences. The podcast delves into the significance of the case, drawing parallels to pivotal decisions like Bamford, and explores how it could reshape the landscape for tax and accounting practices in Australia. Listen as they discuss: The interpretation of "financial accommodation" within Division 7A. The relevance of this decision for SMSFs The potential for the Bendel decision to influence other areas of superannuation law.
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49:13
Budget 2025: The implications for the SMSF sector
In this special post-budget episode of the SMSF Adviser podcast, hosts Keith Ford and Aaron Dunn navigate a complex web of budgetary and political issues. Although it was a budget with nothing much in it for the SMSF sector, it was what wasn’t included that may have dramatic implications for the sector moving forward. With the departure of Financial Services Minister Stephen Jones, the sector faces uncertainty over future leadership and policy direction, while the emergence of the Teal independents and the potential for a minority government add layers of complexity to an already unpredictable political landscape. Listen as they discuss: The budget's limited offerings with small tax cuts and cost-of-living adjustments taking centrestage. The alignment between the reduced tax rates and superannuation accumulation rates. The broader implications of the upcoming election on the SMSF and financial services sectors. The DBFO 1.5. proposed changes, including the shift from a statement of advice to a client advice record.
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37:29
Overcoming challenges in auditing compliance
With auditing season in full swing and the ATO increasing its scrutiny of the sector, this week’s SMSF Adviser podcast focuses on the challenges auditors may face regarding compliance. Hosts Keith Ford and Aaron Dunn are joined by legal specialist Bryce Figot from DBA Lawyers, one of the sector’s leading experts in the intricacies of SMSF auditing, to discuss what’s involved in managing the myriad regulatory obligations SMSF auditors now face. Figot touches on, among other things, the Tax Office’s renewed focus on auditor compliance for 2025 – especially in maintaining professional standards and quality control. He also reflects on the importance of auditors as gatekeepers in the industry with responsibility for ensuring the integrity of over a trillion dollars in SMSF assets. The podcast also delves into: The ATO's scrutiny of ‘volume auditors’. The importance of professional indemnity insurance for SMSF auditors. Pricing matters and what auditors should be charging per audit. The rigours and importance of documentation. The evolving landscape of the SMSF auditing industry with a shrinking number of auditors and an increasing number of SMSFs.
The SMSF Adviser Show features insights from the leading experts in the SMSF industry and explores the biggest themes shaping the SMSF landscape today. Join us as we dive into the latest headlines and developments in the industry.