In this edition of the SMSF Adviser podcast, hosts Keith Ford and Aaron Dunn are joined by legal specialist Phil Broderick, principal at Sladen Legal, to discuss the implications of the Bendel court decision – a landmark ruling with potentially far-reaching consequences for SMSFs and private trusts.

This ruling has profound implications for the use of discretionary trusts and corporate beneficiaries, potentially allowing distributions to remain unpaid without triggering Division 7A consequences.

The podcast delves into the significance of the case, drawing parallels to pivotal decisions like Bamford, and explores how it could reshape the landscape for tax and accounting practices in Australia.

Listen as they discuss:

• The interpretation of "financial accommodation" within Division 7A.
• The relevance of this decision for SMSFs
• The potential for the Bendel decision to influence other areas of superannuation law.

In this special post-budget episode of the SMSF Adviser podcast, hosts Keith Ford and Aaron Dunn navigate a complex web of budgetary and political issues.

Although it was a budget with nothing much in it for the SMSF sector, it was what wasn’t included that may have dramatic implications for the sector moving forward.

With the departure of Financial Services Minister Stephen Jones, the sector faces uncertainty over future leadership and policy direction, while the emergence of the Teal independents and the potential for a minority government add layers of complexity to an already unpredictable political landscape.

Listen as they discuss:

• The budget's limited offerings with small tax cuts and cost-of-living adjustments taking centrestage.
• The alignment between the reduced tax rates and superannuation accumulation rates.
• The broader implications of the upcoming election on the SMSF and financial services sectors.
• The DBFO 1.5. proposed changes, including the shift from a statement of advice to a client advice record.

With auditing season in full swing and the ATO increasing its scrutiny of the sector, this week’s SMSF Adviser podcast focuses on the challenges auditors may face regarding compliance. Hosts Keith Ford and Aaron Dunn are joined by legal specialist Bryce Figot from DBA Lawyers, one of the sector’s leading experts in the intricacies of SMSF auditing, to discuss what’s involved in managing the myriad regulatory obligations SMSF auditors now face.

Figot touches on, among other things, the Tax Office’s renewed focus on auditor compliance for 2025 – especially in maintaining professional standards and quality control. He also reflects on the importance of auditors as gatekeepers in the industry with responsibility for ensuring the integrity of over a trillion dollars in SMSF assets.

The podcast also delves into:

• The ATO's scrutiny of ‘volume auditors’.
• The importance of professional indemnity insurance for SMSF auditors.
• Pricing matters and what auditors should be charging per audit.
• The rigours and importance of documentation.
• The evolving landscape of the SMSF auditing industry with a shrinking number of auditors and an increasing number of SMSFs.

In this special two-part episode of the SMSF Adviser Show, hosts Keith Ford and Aaron Dunn are joined by a selection of prominent industry members at the SMSF Association National Conference. In part two, Tracey Scotchbrook, head of policy and advocacy at the SMSF Association, joins to break down the major regulatory issues impacting the sector, including the ongoing confusion around how to apply wholesale investor thresholds for SMSFs. Ben Marshan, director at Marshan Consulting, also joins the show to talk about the importance of financial advisers staying ahead of regulatory shifts to ensure they are prepared for the future, rather than waiting for long-gestating reforms to take place before streamlining their practice. Finally, Peter Crump, senior consultant at BDO, covers the importance of an exit plan for SMSF members and the considerations that can maximise client outcomes when it comes time to wind up a fund.

In this special two-part episode of the SMSF Adviser Show, hosts Keith Ford and Aaron Dunn are joined by a selection of prominent industry members at the SMSF Association National Conference in Melbourne. In part one, SMSF Association chief executive Peter Burgess and Class CEO Tim Steele join the show to talk about the thought leadership breakfast on the first day of the conference, the growth of the SMSF sector, and the major issues impacting professionals.

Phil Broderick, principal at Sladen Legal, also joins the show to break down the considerations when advising clients on which type of investment structure they should use depending on their personal circumstances and goals.

Finally, Shelley Banton, head of technical at ASF Audits, covers the thorny subject of business real property and the difficulties that auditors can have in determining whether an investment meets the criteria or if a member is trying to fit a square peg in a round hole.

It’s already been a hectic first few weeks of the year in the SMSF sector with legislative changes and political manoeuvring. In this week’s SMSF Adviser Show, hosts Keith Ford and Aaron Dunn delve into what has happened and what may transpire in the coming months. They’re joined by Daniel Butler, director of DBA Lawyers, to talk about the complexities of investing in rental properties within SMSFs, the considerations advisers need to keep in mind, and the impact of various state taxes on property investment.

With a burgeoning interest in property as a significant asset class within SMSFs, Butler highlights the nuances and challenges trustees face.

Listen as they discuss:

• Investment trends in SMSFs.
• Key considerations of commercial v residential property.
• Regulatory and tax implications.
• The challenges of property management.
• The evolving tax landscape.

There has been significant movement in the digital advice space over the past decade. As the industry accelerates its efforts to address the undersupply of financial advice, digital solutions are essential to meet the demands of Australia’s 12.9 million financial advice beneficiaries. In this episode of the SMSF Adviser podcast, host Keith Ford talks to David Barrett, an independent consultant with a wealth of experience in the industry, to delve into the evolving landscape of digital advice for SMSFs.

Barrett highlights a recent partnership between a digital advice provider and a major institution, showcasing the industry’s progress. While the initial iterations of digital advice have been simplistic, they have laid the groundwork for more complex solutions in the future. However, when faced with complex scenarios such as defined benefit schemes, digital advice may still require human intervention. Listen as they discuss:

• The role of digital advice in SMSFs.
• Challenges and drawbacks of digital advice.
• Legislative agenda and future considerations.

In the first episode of the SMSF Adviser Show for 2025, hosts Keith Ford and Aaron Dunn take a look at the hot topics that will impact the SMSF space in the new year.

The pair discuss the upcoming federal election, which is set to dominate the outlook for the first half of the year, as a range of measures related to SMSF advice hang in the balance and are unlikely to be decided until the polls are closed.

Listen as they discuss:

• Why litigation over estate benefits is expected to continue to grow.
• How a strong focus on retirement outcomes will take centrestage in 2025.
• The possibility of accountants being given a larger role in providing financial advice.

In this episode of the SMSF Adviser Show, hosts Keith Ford and Aaron Dunn are joined by Tim Miller, SMSF technical and education manager at Smarter SMSF, to break down an early Christmas present for the SMSF sector – the introduction of regulations on legacy retirement product commutations and reserves.

Miller explains why there was a need for these regulations to be put in place and who is set to benefit from legacy pension changes, the important dates for the measures, and considerations for both SMSF members and their advisers when deciding if exiting a pension is the right decision.

The podcast also takes a look back on a big year for SMSF professionals. Even though the Division 296 changes never got across the line, there were changes to the stage 3 tax cuts, the objective of super was legislated, and the government raised the ire of accountants with some ill-advised changes to the code of professional conduct for tax practitioners – and much more.

Listen as they discuss:

• How the SMSF sector was impacted by the biggest events of 2024.
• The key areas covered on the SMSF Adviser Show over the year that was.
• Why a number of these important issues are going to still be on the agenda in 2025.

Following a whirlwind of legislative activity in the last few days of the parliamentary sitting calendar for the year, the Senate passed a number of bills via a guillotine motion. Although the controversial Division 296 tax was not among them after a last-minute reprieve, several other bills were passed that will ultimately affect the SMSF sector.

In this final episode of the SMSF Adviser Podcast for 2024, hosts Keith Ford and Aaron Dunn, CEO of Smarter SMSF, discuss the implications of these measures.

Listen as they discuss:

• The perseverance and success of the campaign by the SMSF Association regarding the Division 296 tax.
• The objective of super bill and how it may influence future policy decisions.
• The collapse of wealth management companies, particularly Dixon Advisory, and its impact on the Compensation Scheme of Last Resort.
• The ATO’s updated advice on long-running NALI regulations.