SMSF trustees are required to value the fund's assets atMarket Valuewhen preparing the fund's financial accounts and statements each year ATO valuation guide. Market value means the amount a willing buyer and a willing seller would agree on in an arm's length transaction. This …
Superannuation law starts from a prohibition: an SMSF must not borrow money, subject to limited exceptions. The most significant is the LRBA ATO limited recourse borrowing arrangements. Under an LRBA, the fund borrows to acquire a single acquirable asset (or a collection of identicalAssetswith …
An SMSF generally cannot acquire an asset from a related party. The permitted exceptions are narrow: listed securities at market value, in-house assets kept within the 5% limit, and business real property acquired atMarket ValueATO investment restrictions. Business real property is the exception that …
An SMSF generally cannot acquireAssetsfrom a related party. Listed securities — shares, units and similar instruments quoted on an approved stock exchange — are an express exception, provided they are transferred atMarket ValueATO investment restrictions. This is why you can move your personally held …
Superannuation law is blunt here. An SMSF cannot lend money or provide direct or indirect financial assistance to a member or a member's relative ATO investment restrictions. Children are relatives. This is not a matter of degree or reasonableness: even aLoanon full commercial terms, …
The law requires trustees to formulate, and regularly review, an investment strategy that has regard to the whole circumstances of the fund, including diversification, the risk and likely return of investments, liquidity, and the ability to pay benefits ATO SMSF investment requirements. Note the …
An SMSF's investment strategy must have regard to the circumstances of the fund, and the ATO makes clear that this includes the personal circumstances of all members — their ages, their retirement horizons, and their needs ATO SMSF investment requirements. In a fund where …
The law requires an SMSF's investment strategy to include consideration of whether the trustees should hold a contract of insurance that provides cover for one or more members ATO SMSF investment requirements. The operative word is “consider”. Trustees are not compelled to take out …
An SMSF'sAssetsmust be held in the name of the fund (or its trustee) with clear legal ownership, kept separate from the members' personal assets ATO SMSF investment requirements. Overseas, that is often difficult. Some countries do not recognise Australian super fund trustees or do …
When you die, theAssetsyou own personally — your home, your bank accounts, your shares held in your own name — form your estate and are distributed according to your will.Superannuationis different. You do not “own” your super the way you own your house; it …