‘Tens of thousands’ of SMSFs at risk with ECPI

The Actuaries Institute has addressed the ATO with significant concerns about a recent interpretation related to exempt current pension income (ECPI), fearing many SMSFs will make incorrect claims as a result.

       

 

In a letter to the tax office, copying in minister for revenue and financial services Kelly O’Dwyer, the institute referred to the ATO’s recently confirmed view that if an SMSF was fully in pension phase for any part of a tax year, it cannot use the unsegregated method for all of its assets for the whole of that tax year.

Rather than having a choice over whether to segregate certain assets to support pension liabilities, this interpretation assumes assets are ‘deemed’ to be segregated at a point in time if the fund’s only superannuation liabilities are in respect of account based type pensions, the letter said.

“This will force many funds to use two different methods, the segregated and unsegregated methods, to claim ECPI in the same income year, adding administrative complexity. The Actuaries Institute is concerned that this interpretation is at odds with long standing industry practice, potentially putting tens of thousands of funds at risk of claiming ECPI incorrectly,” the letter said.

“We also believe that the ATO’s interpretation does not reflect the policy intent and will add significantly to the compliance costs of funds claiming ECPI with no clear gain to tax revenues.”

The institute has recommended the ATO re-considers its position to allow long standing administrative practices to continue.

“If the ATO believes there is no alternative interpretation than their current view we request clarification be sought from Treasury and that, if necessary, the legislation be amended to match established practice,” the institute said.

“Given the uncertainty this is causing in the industry, we also recommend that the ATO clarifies that it will not be requiring funds to comply with this new interpretation for the 2017 and 2018 income years.”

Speaking to SMSF Adviser, general manager of Accurium, Doug McBirnie, said he hopes this latest lobbying effort will pave the wave for a quick resolution.

“We are very pleased to see the Actuaries Institute address this issue with the ATO on behalf of the SMSF industry. The ATO’s recent guidance on this has put actuarial certificate providers in a difficult position and created uncertainty for SMSF practitioners and their clients,” he said.

 

KATARINA TAURIAN
13 Jul 2017
www.smsfadviser.com

More Articles

How Many Countries Divided From The Largest Empire throughout history

Check out the countries that have been born from some of the largest empires in...

Read full article

How to budget using the envelope method

Here's five simple steps to create a budget that doesn't involve tracking every expense . To...

Read full article

Call for SMSF ‘nudge’ in DBFO package

The peak SMSF body has called on the government to extend the member ‘nudge’ rules beyond industry and...

Read full article

Accountants united in support for changes

The three major accounting bodies have backed the changes to the Division 296 tax and have called for it to be...

Read full article

Beware pushy sales tactics targeting your super

The Australian Securities and Investments Commission (ASIC) has warned Australians to beware of high-pressure...

Read full article

Investment and economic outlook, October 2025

Latest forecasts for investment returns and region-by-region economic outlook . Australia Modest...

Read full article

Determining what is an in-house asset can help determine investment strategy

It is important to understand what is and what isn’t an in-house asset to ensure compliance in an SMSF, a...

Read full article

Stress-test SMSF in preparation for Div 296

SMSFs that hold farms or small businesses should do a “stress test” on their funds in preparation for the...

Read full article

Heathmont Financial Services Pty Ltd (ABN 68 106 250 104) trading as Heathmont Financial Services is a Corporate Authorised Representative (No. 262098) of Knox Wealth Management Pty Ltd (ABN 74 630 256 227), Australian Financial Services Licence Number (AFSL) 513763.

Julian McGoldrick is an Authorised Representative (No. 262098) of Knox Wealth Management Pty Ltd AFSL 513763.

Financial Services Guide - Disclaimer & Privacy Policy

^