Compliance deadline trips small super funds
Close to ten per cent of all small superannuation funds failed to make the choice to become either a Self-Managed Superannuation Fund (SMSF) or a Small APRA Fund (SAF) by the cut off date.
Close to ten per cent of all small superannuation funds failed to make the choice to become either a Self-Managed Superannuation Fund (SMSF) or a Small APRA Fund (SAF) by the cut off date.
Small superannuation funds had until June 30 this year to make the decision to be a SAF or a SMSF following legislation introduced last year to tighten regulation of the small super funds.
Under the new rules all members of an SMSF become trustees while an independ-ent trustee is appointed to a SAF to handle all compliance issues.
Managing director of Australian Superannuation Nominees, Ben Smythe, says un-less the 20,000 small funds that failed to make the choice can show just cause a Statutory Approved Trustee (SAT) will be appointed.
“Letters were sent out to the non-complying funds early this month and the funds have 10 days to show just cause,” Smythe says.
“Failing this an SAT will be appointed who could wind up the fund or put the fund’s assets into a more appropriate vehicle such as a master trust.”
He says 95 per cent of the small super funds that have complied with the legisla-tion have elected to be an SMSF.
“Most people wanted their fund to become an SMSF either because they were un-aware that there was a choice or they wanted the status quo to continue,” Smythe says.
However, he says it is likely that more funds will move to an SAF set-up over time as the ATO crack down harder on the SMSFs.
“The ATO has a special unit dedicated to SMSFs and is becoming very diligent at looking into them,” Smythe says.
“Financial planners and accountants who advise small super funds will soon realise it is no joke and will need to make their clients understand the role of a trustee.”
Smythe says financial planners appear to be reacting faster than accountants in seeking the best solution for their clients who run small super funds.
“We’re getting lots of calls from financial planners asking what are the benefits of a SAF compared to a SMSF,” Smythe says.
“While there is an extra cost with a SAF and members may lose control of the purse strings the benefit is that it releases them from all trustee liabilities.”
He says financial planners and accountants who advise small super funds should divide clients into those who understand their responsibilities as a trustee and those who would be better served by a SAF set up.
ends
Recommended for you
Licensing regulation should prioritise consumer outcomes over institutional convenience, according to Assured Support, and the compliance firm has suggested an alternative framework to the “licensed and self-licensed” model.
The chair of the Platinum Capital listed investment company admits the vehicle “is at a crossroads” in its 31-year history, with both L1 Capital and Wilson Asset Management bidding to take over its investment management.
AMP has settled on two court proceedings: one class action which affected superannuation members and a second regarding insurer policies.
With a large group of advisers expecting to exit before the 2026 education deadline, an industry expert shares how these practices can best prepare themselves for sale to compete in a “buyer’s market”.
