In this episode of the SMSF Adviser podcast, hosts Keith Ford and Aaron Dunn dissect the draft Division 296 legislation with SMSF Association CEO Peter Burgess, including the fresh challenges around equity, complexity and "system neutrality" between SMSFs and large APRA funds.

Breaking down the association's submission to the draft legislation consultation, Burgess stresses that while the sector "won the battle" on unrealised gains, the new fight is ensuring that realised earnings allocated to in‑scope members are fair and transparent, especially given the different calculation methods across fund types.

Tune in to hear:

• Why the TSB integrity measure is a red flag for the SMSFA.
• How the issues that remain in the draft legislation can be fixed.
• When to expect the bill to enter Parliament.

In this episode of the SMSF Adviser podcast hosts Keith Ford and Aaron Dunn take a look back at the biggest events in the SMSF space for 2025, from the federal election and Division 296 uncertainty to tighter regulatory scrutiny across the sector and the ramifications of pension errors.

They also break down concerns that the government may look to drag SMSFs into the Compensation Scheme of Last Resort, including how exactly it could be achieved and whether it makes any sense at all.

Listen as they discuss

• How the Div 296 changes are setting up a Groundhog Day for EOFY
• Whether new draft legislation will actually be seen before Christmas
• Where SMSFs are heading in 2026
• How the CSLR could impact the SMSF sector

In this episode of the SMSF Adviser podcast hosts Keith Ford and Aaron Dunn unpack the unresolved details of Division 296, including how the shift to taxing realised gains may affect high-balance SMSF members, particularly in the year of death. They discuss why "hold-until-you-die" strategies are unlikely to be practical due to pension and liquidity pressures.

They also delve into the government's new Digital Assets Framework Bill, which brings crypto platforms into the AFSL regime to improve consumer protection – an important shift given SMSFs' strong involvement in digital assets.

Listen as they discuss:

• Div 296 uncertainty and end-of-year legislative timing
• Strategy concerns for high-balance SMSF members
• Financial abuse risk within SMSFs
• Role of advisers and practical vigilance

In this episode of the SMSF Adviser Show, CoinSpot chief business development officer Tim Wilks joins host Keith Ford to break down the rapid rise of digital asset investing within the SMSF sector – and why trustees are increasingly looking to crypto as part of a broader diversification strategy.

Wilks explains how institutional adoption, regulatory progress and improved compliance frameworks have helped shift perceptions of cryptocurrency from a speculative punt to a legitimate high-growth asset class.

Tune in to hear:

• Why SMSFs are increasingly allocating to cryptocurrencies and other digital assets.
• How to practically work with SMSF clients in the digital asset space.
• Why advisers who skill up early on crypto will be better positioned to attract and retain clients as demand accelerates.

In this special episode of the SMSF Adviser Show, hosts Keith Ford and Aaron Dunn are joined by Liam Shorte, managing director of SONAS Wealth, and Phil Broderick, principal at Sladen Legal, at the SMSF Technical Strategy Day in Sydney.

Shorte joins the show to discuss the evolving world of contribution and why it's important to understand the contribution rules and caps to ensure planning decisions remain sound regardless of the final policy settings.

Listen as Broderick unpacks a range of estate planning issues he covered in his session at the strategy day, including how some recent case law should impact the way SMSF professionals consider death benefit nominations.

After nearly two decades, the SMSF lending market has matured into a stable and well-regulated segment – yet complexity and misconceptions persist. Bluestone Home Loans head of specialised distribution, Richard Chesworth, joins host Keith Ford to break down the nuances of limited recourse borrowing arrangements (LRBAs).

From redrawing for property repairs to understanding offset structures and pre-2018 grandfathering rules, Chesworth highlights that success in SMSF lending depends as much on precision and teamwork as it does on opportunity. Listen as they discuss:

• How advisers can work through the complexity that still exists in SMSF borrowing.
• What technical traps remain and how redraws, offsets, and refinancing can trigger compliance risks.
• The importance of collaborating closely with lenders and prioritising expertise and structure over rate alone.

The announcement this week from the government outlining the changes to the $3 million super tax was met with relief, but there are still many unknowns. On this episode of The SMSF Adviser podcast, hosts Keith Ford and Aaron Dunn unpack the changes from the initial proposal to the current version released this week.

The discussion emphasises that while the major concerns of taxing unrealised gains and lack of indexation have been addressed, many technical details still need to be clarified through the legislative process and further consultation.

Listen as they discuss:

• Taxable earnings: Originally, the tax applied to all earnings, whether realised or not. The revised measure will only tax realised gains.
• Indexation: The $3 million threshold will be indexed against the Consumer Price Index (CPI) in $150,000 increments, pegged to transfer balance cap movement. The $10 million threshold will be indexed in $500,000 increments, also aligned with CPI.
• Tax rates: For balances above $3 million, an additional 15 per cent tax applies to earnings. For balances above $10 million, an additional 10 per cent tax applies to earnings.
• Start date: The effective start date has been moved to 1 July 2026, with the first assessments issued in the 2027–2028 financial year.
• Liability: The tax liability remains with the individual, who can pay it directly or seek a release from their super fund. The ATO will calculate the tax.
• Consultation: There is optimism for constructive consultation on the implementation details, particularly regarding how realised earnings will be calculated for APRA funds and SMSFs, and the treatment of CGT discounts and pre-2026 asset gains.

Updated legislative and regulatory instruments were added to the ever-expanding cache in the SMSF sector last month. In this episode of the SMSF Adviser podcast, hosts Keith Ford and Aaron Dunn unpack what it all means with Bryce Figot, special legal counsel for DBA Lawyers.

Figot delves into the changes made in LCR 2021/2 and TR 2010/1, focusing on non-arm's length income provisions and contributions and specifically how they may affect professionals working in the sector.

Listen as they discuss:

• The new "safe harbour" example (7A) in LCR 2021/2.

• Paragraph 51, outlining discounted prices for SMSF services.

• Contribution updates in TR 2010/1 that clarify how acquiring an asset for below-market value is not a contribution if it's a purchase under a sale contract.

• The importance of proper documentation and arm's length valuations that are crucial for mixed part-purchase and part-contribution scenarios.

• The disproportionate outcomes that still exist where small non-arm's length capital gains can taint entire net capital gains or distributions from unit trusts.

The SMSF sector is in a holding pattern as key regulatory and legislative changes remain unresolved. In this episode of the SMSF Adviser podcast, hosts Aaron Dunn and Keith Ford discuss some of the key changes that are still to be clarified, such as the Div 296 tax and the much-anticipated NALI/E amendments.

The podcast touches on recent updates from the ATO, specifically regarding Law Companion Ruling (LCR) 2021/2 relating to super contributions and the recently released annual Class Benchmark report.

Listen as they discuss:

• Revelations that more SMSFs will be impacted by the proposed Div 296 than originally estimated.
• The changing face of the SMSF sector demographics.
• The ongoing advice gap in the SMSF sector.
• Implications of commuting market-linked pensions.

Market valuations have emerged as a crucial area in the SMSF sector, particularly in light of regulatory changes and heightened ATO scrutiny. The looming spectre of Division 296 further complicates the landscape, particularly regarding the methodology used for valuations.

In this episode of the SMSF Adviser Podcast, host Aaron Dunn, chief executive of Smarter SMSF, is joined by industry stalwart Shelley Banton, head of technical for ASF Audits, to delve into the changing expectations for valuations and meeting the challenging compliance requirements.

Listen as they discuss:

• The complexity of market valuations, especially for assets that lack readily available market data.
• Concerns around private credit.
• Practical solutions that may support auditors.
• The shift in expectations for the auditing profession.