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DIY super trustees may be caught out by increased
The ATO has flagged its intention to increase audit action concerning self managed
super funds (SMSFs), possibly leading to a number of trustees being penalised
for failing to comply with the rules.
The increased ATO activity may be primarily an education campaign designed to increase trustees’
awareness of their obligations but it serves to remind people that running their
own super fund is a complex arrangement.
Recently we have seen a steady increase in the number of people
looking to establish their own super funds, partly due to poor returns
from retail funds and partly due to increased investor awareness.
However, many people do not realise the full extent of their responsibilities
as a member of these funds or fully understand the rules which can become
very complex.
Generally, all members of a SMSF are required to become trustees
which immediately makes them legally liable for the fund’s investment
decisions and administration.
As superannuation law is notoriously complex it is imperative that
members of a SMSF get professional advice about interpretation and application.
Trustees should pay particular attention to the following areas:
how various assets are acquired within the fund
ensuring members do not benefit from the use of assets
the purpose of the fund being solely to provide retirement benefits
devising and executing an appropriate investment strategy
a high level of administration and record keeping
While establishing a SMSF can seem like a quick answer to underperforming retail
funds, the ATO crackdown will make investors increasingly aware of the high
level of responsibility which goes hand in hand with increased control.
Your CKG Partner adviser can assist you with establishing and the administration
of your own super fund.
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