In a website update, the ATO said that accountants who don’t operate under an AFSL are limited in how they can refer a client to an automated advice provider.
“Some robo-advice services may suggest that unlicensed accountants who refer clients to a robo-adviser won’t be providing a financial service; however, this may not always be correct,” the ATO warned.
“For example, an accountant can provide basic information such as robo-adviser contact details, but they can’t guide you through the process or endorse any advice provided by the robo-adviser,” the ATO clarified.
The ATO urged SMSF accountants who operate without an AFSL to be aware of their obligations where they refer clients to robo-advisers.
It also reminded trustees and professionals that any organisation that provides financial product advice through a robo-advice service must have an AFS licence or be a representative of an AFS licensee.
Mayflower Consulting managing director Sarah Penn raised similar concerns previously, highlighting the importance of unlicensed accountants establishing a clear divide between their services and the advice services being provided by the automated advice system.
“There is nothing wrong with [automated] advice, I’m actually all for it but the accountant can’t pass off that advice as being their own. They need to be very clear that advice is being delivered by a different AFSL through a computer system,” Ms Penn said.
“They can’t be discussing what the computer says in terms of advice, they can’t be trying to pass it off as their own. It needs to be quite a distinct hand-off to the computer system to deliver the advice.”
*******Update*******
The ATO has retracted its robo-advice warnings, and issued the following statement to SMSF Adviser:
Today the ATO has removed from our website information for SMSF Trustees and advisors we published last week relating to robo-advice. The article contained some inaccurate and unclear information. We regret any uncertainty the article may have raised. The ATO will publish links on our website to the official information and guidance about this topic published by ASIC, the primary regulator on the provision of financial advice, including robo-advice.
ASIC are too busy so have left it up to the ATO.
Isn’t it interesting that apparently the ATO has an issue with non -licenced accountanrts using Robo advise but the ASIC is silent? Is this not the province of the ASIC not ATO?
Am I reading this correctly, the ATO is warning people about accountants & AFSLs. Surely this is a matter for ASIC, not the ATO