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Taxation Ruling TR 2013/5, as updated by addendum TR 2013/5A1 on 26 June 2024, sets out the ATO's position that failure to pay the minimum pension amount in a financial year causes the pension to cease from 1 July of that year. This means …
The amnesty enables the full commutation of legacy pension products that members would not otherwise be able to exit under the ordinary rules applying to those older products. Commutation converts the pension entitlement back into an accumulation interest, which can then be managed differently …
Private binding rulings 7915169902780 and 1052407683383 both establish that the classification of a superannuation payment, whether as a member benefit or a death benefit, depends on what the trustee of the fund knew when the payment was made. A payment processed before the trustee …
ATO approval for compassionate release is available on five grounds: preventing foreclosure on a home, medical treatment and transport, palliative care, funeral expenses, and disability modifications to a home or vehicle. Each ground carries specific eligibility criteria that must be satisfied before the ATO …
The sole purpose test in section 62 of the SIS Act requires that an SMSF be maintained for the purpose of providing retirement benefits to its members, or death benefits to their dependants. Any business carried on by the fund must be consistent with …
The wind-up date for an SMSF is the day on which the fund holds no assets. This is not the date on which trustees decide to wind up, nor is it the date that members' benefits are paid. The fund continues to exist until …
The final audit must be conducted by an ASIC-registered SMSF auditor. The auditor must be appointed at least 45 days before the intended lodgement date of the final annual return. Trustees must provide the financial accounts and compliance documents, and the auditor has 14 …
The starting point is the trust deed. Some SMSF trust deeds require assets to be converted to cash before benefits can be paid, which would prevent an in specie transfer entirely without a deed amendment. Trustees must confirm the deed permits this method of …
The corporate trustee company must remain registered and operational throughout the SMSF wind-up process. The company provides the legal framework through which assets are held, transferred, and the final return is lodged. Attempting to deregister the company before the wind-up is complete creates a …
The government has proposed requiring prospective SMSF trustees to complete approximately three hours of education before they can register a new fund. The proposal was announced in August 2026 but has not been legislated. Until the law changes, no pre-registration education is required under …
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