One compliance consultant has claimed there needs to be more clarification between trustees and advisers over whose responsibility it is to manage compliance inside an SMSF.
In a statement, Australian Superannuation and Compliance (ASC) said that currently, managing responsibility for compliance inside SMSFs is a “fuzzy area” since both advisers and trustees point at the other to claim responsibility.
“The trustee maintains it is the role of the adviser whilst the adviser believes it’s the function of the trustee,” ASC founder and director Ravi Subramaniam said.
“With hefty ATO tax penalties of up to 47 per cent plus the Medicare levy on the total value of the SMSF, it is an immensely important area that demands clarity and certainty for investors,” he said.
Mr Subramaniam said the current “stalemate” between advisers and trustees over managing SMSF compliance means the problem ends up with the administrator.
“Currently there is no requirement to disclose who is responsible for the SMSF compliance as ultimately it all falls into the lap of the trustees as per the regulations,” Mr Subramaniam said.
“But herein is the problem: Each SMSF trustee is different and there is no consistency in whom they use as their service providers, i.e. investment adviser, financial planner, accountant or administrator,” he said.
“SMSF administration and compliance is an area that demands many years of experience in order to provide this service and facility competently,” Mr Subramaniam added.
SUBSCRIBE TO THE SMSF ADVISER BULLETIN
- 21 Aug 2016Risks flagged with real estate appraisal valuesBy Miranda Brownlee
- 21 Aug 2016Lawyer challenges ATO view on two fund strategiesBy Miranda Brownlee
- 18 Aug 2017ATO locks in details, addresses panic on real-time reportingBy Katarina Taurian
- 18 Aug 2017Data feeds unreliable for new reporting, says mid-tierBy Miranda Brownlee
- 18 Aug 2017Tax component confusion spurs potential tax liabilitiesBy Miranda Brownlee
- 18 Aug 2017Contributions triple in June quarter, survey showsBy Staff Reporter
- view all
- ATO locks in details, addresses panic on real-time reporting
The tax office has addressed several points of confusion with the new events-based reporting regime, locked in key deadlines, and outlined w...read more
- Data feeds unreliable for new reporting, says mid-tier
With an estimated 20 per cent of SMSFs still encountering errors from data feeds, one mid-tier firm believes the ATO should allow SMSF pract...read more
- view all