Auditor flags knowledge gaps with loans and financial assistance amongst SMSFs.

 

Loans to members and financial assistance continues to be the most commonly reported type of contravention based on ATO statistics.

 

 

Speaking in a recent Accurium webinar, SMSF specialist auditor Frank La Spada noted that loans to members and financial assistance continues to be the most commonly reported type of contravention based on ATO statistics.

Mr La Spada said this is also the case for his firm where loans to members account for more than a third of its reported contraventions.

Section 65 of the Superannuation Industry (Supervision) Act 1993 (SIS Act), he reminded practitioners, prohibits trustees from lending money or providing financial assistance to a member of the fund or a relative of a member.

Mr La Spada said it’s important to be aware that where this does occur, it will be an automatic breach of section 65.

One of the key issues is this area, he said, is that some SMSF professionals and trustees don’t have a thorough understanding of what the definition of a relative is in relation to Section 65.

“We see firms that aren’t really across the definition of a relative. The definition is very broad and includes parents, grandparents, brother, sister, uncle, aunt. It doesn’t include cousins.”

Knowledge of the relatives of a member is therefore critical, he said.

“If you’re aware of that, you’re then going to know when the fund is in breach of the Act.”

Understanding the definition of a loan or financial assistance is equally important, he said.

“A loan is an advancement of money and the loan is considered to have occurred at the time the amount is paid,” he noted.

“Financial assistance is using the resources of the SMSF to give any other form of financial assistance. In other words, anything other than lending money.”

Determining exactly what financial assistance is can be more difficult, he noted.

“The problem that we see is that some firms just aren’t aware of the financial assistance occurring in the first place and then the fund will go to audit where it gets queried and the [practitioner is left] a little blindsided.”

Some examples of financial assistance breaches, he said, include giving a gift of an SMSF asset to a member or relative of a member, selling an SMSF asset for less than its market value to a member or relative of a member and purchasing an asset for greater than its market value from a member or relative of a member.

It can also include forgiving a debt owed to the SMSF by a member or relative of a member or releasing a member or relative or a member from a financial obligation owed to the SMSF, including where the amount is not yet due and payable, he added.

“SMSFR 2008/1 is a really important ruling that provides a range of different examples and case studies of what exactly financial assistance is and what is a loan to a member.”

 

 

By Miranda Brownlee
06 February 2023
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

^