Self-managed superannuation fund (SMSF) trustees are still struggling to understand many of the basics, according to recent research by the Australian Taxation Office (ATO).
The research, revealed in a speech delivered by the Assistant Deputy Commissioner of Taxation, Ian Read, has also revealed that accountants remain the primary driver for the establishment of SMSFs.
The ATO data found that when it came to setting up an SMSF, 85 per cent of people actually receive professional assistance, and 48 per cent of those people sought the help of an accountant.
This compares to the 32 per cent of people who use their financial planner and the 5 per cent who receive the assistance of an administrator.
The ATO noted, however, that its research had also revealed that while around 90 per cent of new SMSF trustees had an adequate knowledge of the basic processes involved, such as annual lodgements, audits and the separation of assets, they had ‘uneven’ knowledge about their broader responsibilities and obligations.
It said, for instance, that 29 per cent were not aware of the new contributions cap introduced by the super simplification law while 26 per cent said they were not aware of the restrictions on acquiring assets from related parties.
Perhaps more disturbingly, 15 per cent of the trustees surveyed by the ATO revealed they did not fulfil the mandatory requirement of having an investment strategy.
The impact of identity theft and its threat to superannuation savings were highlighted in a case that went before the Federal Court at the end of 2023.
A recent NSW Supreme Court decision is an important reminder that while super funds may be subject to restrictive superannuation and tax laws, in essence they are still a trust and subject to equitable and common law claims, says a legal expert.
New research from the University of Adelaide has found SMSFs outperformed APRA funds by more than 4 per cent in 2021–22.
The SMSF Association has made a number of policy recommendations for the superannuation sector in its pre-budget submission to the government.