SMSF Association
National Conference
2022

Adelaide
16-18
February

Registrations are open!

Program

Held over three days, at the Adelaide Convention Centre, experience technical sessions presented by key industry experts across 5 streams, all included as part of your registration!

Note: The National Conference 2022 Program is subject to change. The program listed below is current, as of 29 November 2021.
In-person conference delegates will be able to view all sessions, excluding the Thought Leadership Breakfast and Final Day Luncheon, post-conference via the virtual platform*.

(*) The virtual platform will be available for approximately 6 weeks after the Conference. 

Day 1 - Wednesday 16 February

8:00 - 10:00am
Thought Leadership Breakfast presented by act 2 solutions
Where the SMSF and IT industry is now and where it is going – How will SMSF services be provided in the future and what does it mean for practice owners, practitioners and at scale SMSF service providers?

David Smith, Director,
Smithink

John Maroney, CEO,
SMSF Association

Emma Rosenzweig, Deputy Commissioner Superannuation and Employer Obligations,
Australian Taxation Office

Ron Lesh, Managing Director,
BGL Corporate Solutions Pty Ltd

This session will share insights and predictions from thought leaders about where the SMSF, accounting, and financial planning worlds are going from a technology point of view. Broad technology trends including remote client servicing, cloud collaboration, big data analytics, robotic process automation, blockchain and real time processing will be discussed along with the drive for efficiency and what the SMSF ecosystem of the future will look like.

Market consolidation will be discussed along with:

  • The integration of practice management systems;
  • The integration of financial planning and accounting platforms;
  • The cyber security threat;
  • Which products and services will succeed; and
  • Who will be the winners and losers in the increasingly complex and competitive world of SMSF administration, investments and advice. 

Specialist-only session
SMSF Wills v BDBNs v Reversionary pensions and life interest pensions?

Daniel Butler, Director, DBA Lawyers

Bryce Figot, Special Counsel, DBA Lawyers

Binding death benefit nominations (BDBNs) became popular from mid-1999 in both SMSFs and large APRA funds. There has been lots of disputes and litigation ever since (mid-1999) involving BDBNs.

Alternatives to BDBNs were therefore developed along the way such as SMSF Wills, death benefit rules, automatically reversionary pensions (after the ATO’s ruling TR 2013/5) and life interest pensions.

The options available these days are considerable and an array of SMSF documents have been developed. However, in numerous cases some documents and strategies have not yet been tested before the courts. Indeed, what is an SMSF Will? Moreover, there is an ongoing debate as to which method, eg, a BDBN or an automatically reversionary pension, wins out in the event of conflict.

Daniel Butler and Bryce Figot, two experienced lawyers who have assisted in a number of the seminal cases and on many other death benefit and related disputes, will present this topical and interesting topic. They will provide a succinct and up to date practical guide of what to be aware of, what tips and traps lie ahead and how to minimise risk.

Topics covered:

  • SMSF Wills v BDBNs – What works and what wins out?
  • Death benefit rules – How do these work?
  • BDBNs v automatically reversionary pensions – What wins out and how to work that out?
  • Life interest pensions – Do these even comply with super law?
10:00 - 10:30am
Morning tea
10:30 - 10:35am
Welcome
10:35 - 10:45am
Chair / CEO Address

Speaker: Andrew Hamilton, Chair, SMSF Association and John Maroney, CEO, SMSF Association

10:45 - 10:55am
Special Address
10:55 - 11:50am
plenary 1
Your Conference compass: hit the ground running with this Legs & Regs update

Peter Burgess, Deputy CEO / Director of Policy & Education, SMSF Association

This year’s technical program will once again kick-off with this high level, rapid-fire SMSF legislation stocktake session. The SMSF sector has continued to grow strongly, and, from a legislation perspective, it’s been one of the busiest years on record. The scope and impact of these changes on client strategies is considerable and includes:

  • New SuperStream rules for SMSF rollovers;
  • The introduction of Director Identification Numbers and 6 member funds;
  • Indexation on contribution and transfer balance caps;
  • The proposed changes to the work test and bring forward rules for voluntary contributions;
  • The proposed relaxation of the residency rules and the proposed 2 year amnesty period for legacy pension restructures; and
  • The release of the ATO’s controversial final ruling on non-arm’s length expenditure and much more…

Peter will also provide a rundown of other key regulatory developments and signpost the sessions throughout the National Conference 2022 technical program where each topic will be covered in more detail. 

12:00 - 1:00pm
legs & regs 1a
Related party definition - Separating the sheep from the goats

Graeme Colley, Executive Manager Technical & Private Wealth, SuperConcepts

The related party definition is important for many reasons – mainly linked to the fund’s investments – but does however have impact on the fund for other reasons. In this presentation we will identify the entities that qualify as related parties and clarify any misconceptions and situations where non-related parties may surprisingly become related.

Strategy 1b
Pensions planning toolkit - A guide to executing the right pension for your clients

Tim Miller, Education Manager SuperGuardian

Paying a pension can be as simple or as complex as you want to make it within an SMSF; it all comes down to your client’s strategy. The key issue is whether their strategy has contemplated all there is to contemplate at both establishment and on an ongoing basis.

This session will work through the strategic advantages and disadvantages of the following concepts attributable to account based pensions, including transition to retirement income streams:

  • Multiple pensions v commute and repurchase;
  • Lump sum withdrawals v excessive pension payments; and
  • Discretionary pensions v reversionary pensions.

The session itself will provide a good foundation to the concepts that will be discussed in the pension workshops held throughout the conference

Advice, Practice & Regulatory 1c
Financial Services Law update - SMSF advice fee disclosures, sophisticated investor definition, DDOs, TMDs, PDSs and more

Paul Derham, Managing Partner, Holley Nethercote

Breach Reporting, complaints handling, anti-hawking, reference checking, sophisticated investor certificates, design & distribution – When will it end? A summary of key regulatory developments (and practical tips) for 2022.

1:00 - 1:50pm
Lunch
1:50 - 2:50pm
3:35 - 4:35pm
legs & regs 2a
The NALI/NALE whirlwind - Where are we at?

Phil Broderick, Principal, Sladen Legal

The non-arm’s length expenditure (NALE) changes to the non-arm’s length income (NALI) rules have been a controversial topic in the last few years. While we now have the ATO’s final ruling on the new measures (LCR 2021/2), there are still many uncertainties with the operation and scope of the new rules. This session will examine:

  • The NALE/NALI rules;
  • The ATO’s view set out in LCR 2021/2;
  • How to “swim between the flags” for related party dealings; and
  • Where to from here?
Strategy 2b
Protecting the family jewels - SMSF funding strategies & asset protection

Clinton Jackson, Partner, Cooper Grace Ward Lawyers

Steven Jell, Senior Associate, Cooper Grace Ward Lawyers

With the 2016 Budget changes limiting the ability to make contributions to super, it is harder than ever to build wealth in an SMSF. It is therefore critical that SMSFs utilise prudent asset protection strategies to keep assets safe during difficult times, enabling assets to be retained in a concessionally taxed environment for payment as a pension or lump sum later.

This session will look at the options and structures available to SMSFs to increase the asset base and the prudent steps you should take to protect assets held in an SMSF.

Advice, Practice & Regulatory 2c
Points and spreads: A new perspective on SMSF performance

Ralf Zurbruegg, Professor of Finance & Business Analytics, University of Adelaide Business School

George Mihaylov Lecturer in Finance, University of Adelaide Business School

We examine SMSF performance for a large sample of funds over the period 2017–2019. Historically, performance comparisons between SMSFs and APRA funds have been hampered by regulatory and methodological differences. 

We address these issues by constructing a Rate of Return (ROR) measure for SMSFs which relies on a comprehensive set of financial statement items. Our results allow us to benchmark SMSFs appropriately, demonstrating not only how their performance varies relative to APRA funds, but also how underlying characteristics such as fund size and asset allocation relate to fund performance. The research also offers a key innovation. We introduce a new method for comparing overall return distributions in the sector, a method which is easy to implement and intuitive to understand. We find that SMSFs generally perform on par with APRA funds and that, while fund size remains an important factor in explaining performance, it is perhaps less important than we initially understood.

2:50 - 3:35pm AFTERNOON TEA
legs & regs 3a
SMSF litigation update

Bryce Figot, Special Counsel, DBA Lawyers

This session will cover the most recent and relevant cases involving SMSFs and practical lessons that they contain for practitioners including:

  • What role a ‘blind trust’ play for SMSFs;
  • How to best protect yourself when taking instructions from clients;
  • When will residential property constitute business real property?
  • And much more!
Strategy 3b
Technicalities & practicalities of Age Pension & Aged Care advice for SMSF members

Andrew Lowe, Head of Technical Services, Challenger

Traditionally, many may have thought that Age Pension and Aged Care advice was rarely required by SMSF members because, simplistically, SMSF members had too much in the way of assets to be eligible for an Age Pension and wound up their SMSFs a long time before needing Aged Care. The reality today is quite different. During a retirement that, for many, will last decades, many SMSF members will become eligible for a part, or full, Age Pension. During this time some SMSF members will need the support of home or residential Aged Care.

This session will address the technicalities and practicalities of Age Pension and Aged Care advice for SMSF members, including exploring:

  • Means testing rules and strategies for both Age Pension and Aged Care purposes;
  • Strategies for improving eligibility to other Centrelink concessions (including concession and health cards);
  • Strategies for improving the affordability of Aged Care services; and
  • Practical considerations for SMSF members and trustees.
Advice, Practice & Regulatory 3c
Does your client’s SMSF investment performance measure up? Is your Future from Your Super up to scratch?

Philip La Greca, Executive Manager – SMSF Technical & Strategic Solutions, SuperConcepts

2021 saw the first release of the Your Future Your Super (YFYS) performance test. This resulted in nearly a million people being informed their existing super fund was not up to scratch. While this is targeted at MySuper funds, the ramifications for all superannuation funds including SMSFs is critical. This test is a clear indication of the Federal Government’s mutual obligation pact between itself and the Superannuation sector: the government provides tax incentives and concessions, and the sector delivers enhanced retirement savings and a reduced government costs for the age pension.

With the SMSF sector being larger than the MySuper sector, and proposals to extend the performance test to “Choice” funds, the possibility of something similar applying to SMSFs cannot be discounted. 

This means the SMSF sector needs to understand the YFYS performance test measures and how to do comparable measures for SMSFs that will align with both the trustee outcomes from a measurable & comparable investment strategy and financial advisers’ obligation for clients’ best interest.

Workshop 2D
Putting SMSF pensions to the (lie detector) test - An interrogation of the rules

Mark Ellem, Head of Education, Accurium

Julie Steed, Senior Technical Services Manager, Australian Executor Trustees

Since 1 July 2017, there have been changes that impact the calculation of exempt current pension income (ECPI), including the ATO publishing their view on the workings of ECPI calculations. The ATO’s view varies significantly from historic practices and led the Government to announce in the 2019 Federal Budget that they would allow SMSFs to choose between the two methods of calculating ECPI. The Government has also announced an amnesty to allow legacy pensions to be commuted.

In this workshop we will use a series of case studies to review:

  • The proposed legislation and the who, how and when of SMSFs eligible to make a choice;
  • How the different calculation methods impact the value of ECPI and which method should you choose;
  • The treatment of deductions where a fund has ECPI;
  • The consequences and remedies of pensions failing the pension
    standards; and
  • Current issues in dealing with legacy pensions, including the 2020 MYEFO announcements and the proposed 2 year amnesty.
Workshop 2E
Symposium: Resetting retirement income advice - Building a retirement advice centred community and best practice system

Tim Dowling, Investment Specialist, Allianz Retire+

Dr. Deborah Ralston, Former Panel Member, Retirement Income Review, Director, SMSF Association

Greg Hansen, Senior Business Strategy Manager, HUB24

Tom Reddacliff, Executive Chairman, Encore Advisory Group Pty

The demand for retirement advice is higher than the demand for other areas of advice. But it is also more expensive and complex to provide than other areas of advice. Retirement advice is also fundamentally different to accumulation advice, yet the industry ‘advice toolsets’ have predominantly focused on the former. Advisers find the system, processes, and tools lacking – making it difficult and costly to provide full and complete retirement advice… so, many don’t.   

There is a need to evolve and reshape how retirement advice is delivered, and provide the requisite retirement advice education, capability and tools required by the adviser. There is a catalyst for change and a case for a strong community of key stakeholders to come together to look at the problem and to solve it.   

This symposium brings together stakeholders from across the advice, academic, and financial services sectors to explore the issues and challenges faced by advisers in delivering retirement advice, and to tackle the affordability, profitability and unmet advice need quandary. 

The symposium will be presented in two 60-minute parts. In Part 1, Dr Deborah Ralston will be joined by other panel members to explore the big picture problem and the advice opportunity. Research, to be released during the conference, will be used to explain the retirement advice ecosystem and the importance of a collaborated solution with practices, licensees, product providers and other stakeholders.

In Part 2, the panel will use the conference case study to demonstrate how intergenerational advice can be provided, and to contrast early and late-stage retirement advice. The panel will consider how retirement advice can be provided with the entire family unit in mind and will explore the vast differences between providing retirement advice to a self-funded retiree and a client who may be eligible for at least some aged pension. Along the journey, frictions and irritates in the advice production process will be aired and hopefully resolved!
4:55 - 5:55pm
plenary 2
Six member SMSFs: A good idea or Shakespearian tragedy in the making?

Craig Day, Head of Technical Services, Colonial First State

While the new six member fund rules may allow members to implement a range of liquidity and succession planning strategies, as King Lear learned – handing over the keys to the kingdom to the next generation does not always end well. This session explores the different strategic opportunities offered by six member funds while also identifying the issues and potential traps and pitfalls that need to be considered. Specific issues to be addressed during the session include:

  • Six member funds and liquidity and family business succession planning strategies;
  • Investment strategies for six member funds;
  • Shared tax outcomes and what that may mean for members in accumulation and pension phases;
  • Estate planning in a six member fund context; and
  • Dispute resolution and how to avoid open warfare breaking out.
5:55pm
La Trobe welcome reception

Day 2 - Thursday 17 February

7:30 - 8:45am
Audit Discussion Group Breakfast
Q&A with the Australian Taxation Office

Belinda Aisbett, Director, Super Sphere Pty Ltd

Kellie Grant, Australian Taxation Office

8:00am
EXHIBITION HALL OPEN
9:00 - 9:10am
Special Address
9:10 - 10:05am
plenary 3
The contribution strategy landscape in 2022

Meg Heffron, Managing Director, Heffron Consulting Pty Ltd

As always many of the strategies in an SMSF professional’s kit bag involve managing contributions to super. This is also an area that has seen change in recent years and new opportunities developing. In this session Meg will explore the latest ideas and refresh some old ones.

10:05 - 10:35am
Morning tea
10:35 - 11:35am
11:45 - 12:45pm
legs & regs 4a
Getting particular about property - Leases, COVID relief, intermediary LRBAs

This session will outline some of the issues that arise when SMSF’s own property and will provide practical steps on how to avoid non-compliance.  

The session will cover:

  • What constitutes a ‘lease arrangement’;
  • The current state of play with regard to the COVID relief measures for SMSFs holding direct property; and
  • Intermediary Limited Recourse Borrowing Arrangements.
Strategy 4b
Retirement strategies and sequencing risks - Are SMSFs up to the challenge?

Melanie Dunn, Technical Services Manager, Accurium

This session will examine how to construct retirement income strategies for SMSF retirees that align with and build on the objectives of the retirement income covenant and to provide a holistic and tailored retirement solution. A key consideration here will be the impact of sequencing risk on outcomes in retirement – what is sequencing risk, why does it occur and what strategies are available to manage and reduce this risk.

Further, we will provide an overview of what APRA regulated funds are doing to meet the requirements of the retirement income covenant and what this means for retirement product design and strategies offered to fund members. We will discuss potential impacts of the retirement covenant on how financial advice is delivered for retirement, and analyse the value proposition of SMSFs in light of the retirement strategies being delivered by APRA regulated funds.

Advice, Practice & Regulatory 4c
SMSF emerging issues - What the research says

Emma Rosenzweig, Deputy Commissioner, Superannuation & Employer Obligations, Australian Taxation Office

This session will cover an overview of the top SMSF compliance issues the ATO will be focusing on in the 2021–2022 financial year, key findings from recently commissioned independent SMSF research and system and policy updates affecting SMSFs.

legs & regs 5a
SMSFs and super splitting - The latest family law developments

Stephen Bourke, Principal Solicitor, SuperSplitting

The amendments for the splitting of superannuation have now been in place for nearly 20 years. What has happened in that 20 year period?

This session will start with a brief refresher on the different statutes for the splitting of super together with the operating standards and obligations on the part of the trustee under Part 7A of the Superannuation Industry (Supervision) Regulations 1994.

There will be a detailed examination of the trustee initiated pathway vs the member initiated pathway. Both are available for splitting but when do you use one pathway in preference to the other? And, what if you have a clash of pathways?

This session will also provide an examination of the interest adjustments and the responsibility when these adjustments are overlooked, especially in a falling market together with a reminder about the taxation and preservation components. The session will then provide an update on the developments that affect family law and super including:

  • Coverage for de facto couples;
  • How to deal with “troublesome” members/trustees;
  • What happens when there is a death in proceedings; and
  • Case examples of court cases.
Strategy 5b
How to die correctly - Cascading and compliant BDBNs

Matthew Burgess, Director, View Legal

In many estate planning exercises, superannuation is either the second largest – or largest – asset.

As superannuation savings continue to accumulate, the number of death benefit related disputes in the self managed superannuation fund space is also increasing.

It is critical for advisers to understand the key rules. This session will explore the crucial issues in this regard, including:

  • The interrelationship between attorneys, enduring attorneys, guardians, super fund trustees, executors and BDBNs;
  • The ability for attorneys to make BDBNs and manage ‘fast death tax’;
  • The implications of the leading court decisions in this area; and
  • Superannuation wills.
Advice, Practice & Regulatory 5c
Future of advice - It’s (or is it) the end of the world as we know it?

Bryan Ashenden, Head of Financial Literacy & Advocacy, BT Financial Group

1 January 2022 marked a significant change in the regulatory landscape for the financial advice profession. FASEA was disbanded, Treasury now sets the standards and is responsible for the Code of Ethics, and ASIC has greater oversight on compliance activities. Combine this with the upcoming Advice review by Treasury, a review of financial services law more broadly, and discussion papers on the future of advice, and the world could look a lot different.

In this session, we explore these changes and what they do or could mean. But by the end, you will leave feeling fine.

Workshop 4D
Putting SMSF pensions to the (lie detector) test - An interrogation of the rules

Mark Ellem, Head of Education, Accurium

Julie Steed, Senior Technical Services Manager, Australian Executor Trustees

Since 1 July 2017, there have been changes that impact the calculation of exempt current pension income (ECPI), including the ATO publishing their view on the workings of ECPI calculations. The ATO’s view varies significantly from historic practices and led the Government to announce in the 2019 Federal Budget that they would allow SMSFs to choose between the two methods of calculating ECPI. The Government has also announced an amnesty to allow legacy pensions to be commuted.

In this workshop we will use a series of case studies to review:

  • The proposed legislation and the who, how and when of SMSFs eligible to make a choice;
  • How the different calculation methods impact the value of ECPI and which method should you choose;
  • The treatment of deductions where a fund has ECPI;
  • The consequences and remedies of pensions failing the pension
    standards; and
  • Current issues in dealing with legacy pensions, including the 2020 MYEFO announcements and the proposed 2 year amnesty.
Workshop 4E
SMSFs & cognitive decline - Evidencing your client's informed consent

Michael Perkins, Co-Founder and Principal Lawyer, Autonomy First Lawyers

Dr. Jane Lonie, Consultant Clinical Neuropsychologist, Autonomy First Lawyers

Decision making capacity is NOT a binary concept. Capacity is not normally something you have one day and not the next. In the normal case, declining cognition is gradual and the usual behaviour of family, representatives, supporters, and advisers is to cope with the change and extend decision making leeway to the person concerned. 

A dementia diagnosis is usually proceeded by a one or two decade period of cognitive decline. This is the interval of mayhem that often produces abusive and coercive conduct. Cognitive responsive practices are needed to address this problem.

The mischief that occurs is the affected person is walled away from the consequences of their decisions. When we are called in, it is often too late for us to help a person remain in control of their affairs.

This session gives practitioners a grounding in responding early to impaired decision making in any context and introduces practitioners to cognitive responsive interviewing and client onboarding.

This approach can be instrumental in mitigating the risk of abusive or coercive conduct emerging in operating your clients’ affairs.

We will use cases drawn from practice including examples of problems faced by SMSF trustees when discharging their duties to beneficiaries.

12:45- 1:35pm
Lunch
1:35 - 2:35pm
3:05 - 4:05pm
legs & regs 6a
From the trenches - TBC, TBA, TSB, DTLs … SOS!

Leigh Mansell, Director SMSF Technical & Education Services, Heffron SMSF Solutions

We’ve been living with the concepts of transfer balance account, transfer balance cap and total superannuation balance for a few years now and while they are all completely different concepts there’s often confusion about how they each operate and what they actually affect – for example pensions versus contributions? 

In this session we’ll unpack each concept and identify what each one affects, and explain how to calculate the various amounts touching on:

  • What to include versus exclude;
  • Deferred tax liabilities; and
  • Termination costs.

Along the way, we’ll highlight some handy tips and alert you to some traps to avoid.

Strategy 6b
Death benefits tax - Tips, traps & strategies

Julie Dolan, Partner, Head of SMSF’s & Estate Planning, KPMG

This session will work through the complex maze of whom can receive a super death benefit, in what form and what the taxation issues are.

This session will also work through strategies on how to minimise any potential taxation liability as well as addressing other important issues on what should be considered when working with your clients on their estate plan and the payment of super death benefits. 

Advice, Practice & Regulatory 6c
Dealing with the ATO - Early engagement, private ruling requests, audits, alternate dispute resolution and more

Paul Hockridge, Principal, Hockridge Advisory Pty Ltd

Have your dealings reached a stage where amended assessments and litigation seem inevitable? In this session Paul will consider options including alternate dispute resolution as well as consider the pros and cons of seeking rulings. He will then compare them with making early engagement requests and explain how this might interact with your client’s Tax Governance Framework and achieving the gold standard of Justified Trust.

Paul will also share his many years of experience dealing with reviews and audits (on both sides of the fence) and identify some of the key pitfalls as well as opportunities, to help you optimise the outcome.

2:35 - 3:05pm AFTERNOON TEA
legs & regs 7a
It's time to talk about SMSF digital compliance

Shelley Banton, Head of Education, ASF Audits

Have you ever considered the amount of risk associated with delivering professional services and managing a client’s confidential information?

The recently revised professional standards on outsourcing and cloud computing now place new responsibilities on SMSF professionals.

As technology continues to streamline our lives, these changes serve as a timely reminder to review the scope of our engagement terms that define the roles and responsibilities of all parties involved.

And that starts with implementing a complying and robust risk management framework by documenting the firm’s risk management policies and procedures.

Understanding the requirements of SMSF digital compliance is the key to mitigating litigation risk, which means taking reasonable and appropriate steps to act with care, skill, and diligence in line with professional obligations.

Strategy 7b
Navigating state and territory land tax and duty issues

Michael Butler, Partner, Head of Finlaysons Tax & Revenue Group, Finlaysons Lawyers

When real property is held in a superannuation fund, the trustees must navigate the relevant state and territory land tax and duty issues that are unique to such ownership.  At its simplest, land tax and duty really matter! This presentation will consider:

  • Duties – exemptions for moving properties in and out of SMSFs without triggering duty – including paying out member benefits and death benefits;
  • Land holding entity rules – transferring shares and units in land holding entities in and out of an SMSF; and
  • Land tax – applicability of trust surcharges and grouping for land held by SMSFs and land held by unit trusts and companies, where the SMSF holds units or shares.
Advice, Practice & Regulatory 7c
The advisable Australian: Fight for the future SMSF market – The Emerging Affluent

Andrew Braun, General Manager Marketing, Netwealth

For wealth businesses, particularly SMSF businesses, to thrive into the future there is a group of Australians, ‘The Emerging Affluent’, that has great potential and cannot be ignored. 

Unlike Baby Boomers, they are younger individuals with higher-than-average incomes, household wealth that is growing, and a strong appetite for investing. With a population of around 1.5 million, they control about $2.2 trillion of household wealth. They are also the fastest growing segment of SMSF investors.

This group, like no other, are most likely to use financial advice today or most likely to take up advice soon – the majority plan to start receiving advice in the next five years.  

In this presentation Andrew Braun, Netwealth’s General Manager of Marketing will discuss the latest research on the ‘The Advisable Australian’, and give advisers a playbook on how to attract, manage and retain The Emerging Affluent. Andrew will examine in detail who they are, marketing tactics to acquire them and how to tailor your advice proposition to this rapidly growing segment of SMSF investors and potential SMSF investors.

Workshop 6D
Structuring SMSFs dealings with related parties

Daniel Butler, Director, DBA Lawyers

Shaun Backhaus, Senior Associate, DBA Lawyers

In this workshop we will consider some popular technical and practical issues for an SMSF dealing with related parties. We will examine and learn from case studies on the following questions:

  • How is a ‘related party’ dealing relevant for the non-arm’s length income (NALI) rules and how do you prove a dealing was at ‘arm’s length’?
  • When will an SMSF investing in a partnership create in-house asset issues and how will:
    – a small property (JV) partnership be treated?
    – large overseas ‘Limited Liability Partnership’ be treated?
  •  When will an SMSF investing in 50/50 unit trust structure be taken to ‘control’ the trust?
  • When an SMSF invests in an ‘excepted’ related party (eg, non-geared unit trust), what are the common mistakes that will lose the exception?
Workshop 6E
The evolution of BRP - Dissecting and applying in a modern context

Jemma Sanderson, Director, Cooper Partners Financial Services Pty Ltd

Tracey Scotchbrook, Policy Manager, SMSF Association

The business real property definition is connected to several key compliance measures. It is essential to get it right but in practice, this is not always straight forward. We have also seen an evolution in the types of property uses since SMSFR 2009/1 was first published.

In this workshop, we will examine the business real property definition in detail and consider some of the technical and practical issues that arise in determining whether the definition is met.

Working through practical case studies, we will explore:

  • What is business real property;
  • Steps you can use to assess in practice;
  • The key factors you need to consider;
  • Application of the “wholly and exclusively” use in a business test;
  •  Traditional BRP and application of SMSFR 2009/1;
  • Evolution of BRP and application in
    a modern
    context; and
  • Insights from cases and ATO rulings.
4:15 - 4:25pm
Special Address
4:25 - 5:25pm
plenary 4
Digital disruption & cybersecurity

Peter Williams, Chief Edge Officer, Centre for the Edge at Deloitte Australia

Before the pandemic there was a lot of talk about Digital Transformation and in the main it was about long time frames and big budgets. When the pandemic hit us, Digital Transformation went from something happening slowly to something that happened fast. 

We learnt how to work remotely; realised that the workplace was where the work was done, online, rather than a location; many organisations got better at adopting new technology without the need for big budgets; clients weren’t fazed by meeting online in fact many found it more efficient, and many employees relished working from home while others found it a major struggle.

At the same time, we saw the continuing rise of cryptocurrencies and NFTs (Non-Fungible Tokens) creating wealth for a few and confusion for many. The fintech startups continued to emerge offering new ways of managing money, obtaining credit, or participating in investing activities. Regulation and compliance continue to be a hot issue and new rules around Open Data have created opportunities for new ways of engaging with customers and their wealth. At the same time the scammers continued to evolve probing weaknesses in cyber security or using social engineering to create issues for business and clients. We also witnessed many people freed from needing to work at a location bringing forward lifestyle decisions about where they ultimately wanted to live rather than delaying that decision until retirement and changing the landscape of the property market.

5:30pm
Allianz Retire+ Networking Night

Day 3 - Friday 18 February

9:00 - 10:00am
10:30 - 11:30am
legs & regs 8a
Foundations of digital currencies

Caroline Bowler, CEO, BTC Markets

This presentation will cover how a blockchain operates and the characteristics of a blockchain. It will provide an explainer on Bitcoin, Ethereum, XRP and other major Altcoins and will also delve into how a cryptocurrency may be viewed for valuation purposes.

Strategy 8b
Offshore pension transfers - What's on the horizon

Jemma Sanderson, Director, Cooper Partners Financial Services Pty Ltd

Even with COVID limiting the flow of people emigrating to Australia in the past two years, it hasn’t reduced the number of already resident ex-pats from wanting to transfer their offshore pension schemes into Australia, or dampened Australians overseas from wanting to boost their super in Australia. 

Transferring benefits from offshore in Australia, or making contributions when not residing in Australia has a plethora of pieces to manage and manoeuvre in order to ensure that ultimately benefits are optimised and any compliance risks are mitigated.  In this session, Jemma will navigate through the various considerations, including the impact of the proposed legislative change to the active member test, and the current landscape for any offshore transfer.  

Advice, Practice & Regulatory 8c
Fund establishment developments in a digitised new world - SuperStream, director IDs, electronic document execution

Aaron Dunn, CEO & Co-founder, Smarter SMSF

The global pandemic has accelerated the digitisation of many aspects of every life and SMSFs have not been immune to these measures. With a digitisation approach, comes new processes, learnings and challenges that as practitioners we need to understand and explore to meet the needs of our clients.

In this session, Aaron will be exploring the impact of digital advancements of fund establishments, including:

  • The revised approach to registration with the Australian Business Services Registry;
  • Understanding ATO expectations in becoming regulated – what you need to know to fast track the process;
  • The requirements of director IDs in setting up and maintaining trustee companies;
  • How and when electronic signing can be used across fund documents;
  • The impact of SuperStream in rolling super monies into an SMSF, including lessons from recent AFCA
    decisions; and
  • Other considerations, including requirements for the transfer out (rollover) of benefits in winding up an SMSF.

This session will provide important insights for you to better understand the impact of these measures on how you will engage with new trustees and changes within a fund’s trustee structure.

10:00 - 10:30am MORNING TEA
legs & regs 9a
Super contributions – Evolution, developments, opportunities and risks

David Barrett, Division Director, Macquarie Bank

In many respects, the eligibility criteria for making superannuation contributions have positively evolved over the decades, including the range of contribution types and age/work test restrictions. That evolution seems destined to continue.

In this session, David Barrett from Macquarie Bank will briefly recap that evolution, and delve into a range of current issues including:

  • Motivations and means to contribute in excess of the transfer balance cap;
  • Pros and cons of re-contribution strategies;
  • Common excess contribution scenarios, and how to manage them;
  • Recent legislative and regulatory developments; and
  • How superannuation contributions are an important opportunity for your clients, but not without advice risk.
Strategy 9b
Insurance policies and proceeds in an SMSF

Peter Crump, Senior Consultant – Private Wealth, BDO

Arranging insurance inside an SMSF sounds easy, until you consider the potential complexities to be addressed, including:

  • Which entity or account pays the premium and receives the proceeds and what are the tax consequences;
  • How are policies or insurance (compensation) payments moved to super;
  • Impact of insurance on TBC and TSB;
  • Purposes for insurance inside super (not just a tick box in the investment strategy !); and
  • Claiming under TPD or IP insurance and maintaining capacity as a trustee.
Advice, Practice & Regulatory 9c
How to maximise your after tax proceeds using CGT small business concessions (and get more into your SMSF)

David Hughes, Partner, McCullough Robertson, Lawyers

When selling your business (or helping your clients to sell theirs) it is critically important to know what capital gains tax concessions might be available. 

The small business CGT concessions in division 152 of the Income Tax Assessment Act 1997 are an important, but often misunderstood tool, in minimising the tax on what could be the largest single sale of many people’s lives. In some cases, capital gains tax can be completely eliminated. What is more, the small business concessions represent a unique opportunity to contribute more to superannuation than normally permitted under the contribution caps.

Workshop 8D
Structuring SMSFs dealings with related parties

Daniel Butler, Director, DBA Lawyers

Shaun Backhaus, Senior Associate, DBA Lawyers

In this workshop we will consider some popular technical and practical issues for an SMSF dealing with related parties. We will examine and learn from case studies on the following questions:

  • How is a ‘related party’ dealing relevant for the non-arm’s length income (NALI) rules and how do you prove a dealing was at ‘arm’s length’?
  • When will an SMSF investing in a partnership create in-house asset issues and how will:
    – a small property (JV) partnership be treated?
    – large overseas ‘Limited Liability Partnership’ be treated?
  • When will an SMSF investing in 50/50 unit trust structure be taken to ‘control’ the trust?
  • When an SMSF invests in an ‘excepted’ related party (e.g, non-geared unit trust), what are the common mistakes that will lose the exception?
Workshop 8E
Auditing the conference - Stocktake & mitigating audit risks arising from various conference sessions

Belinda Aisbett, Director, Super Sphere Pty Ltd

Covering examples of issues raised by other presenters at the Conference, this workshop gives a detailed review of the audit risks, issues and procedures required to ensure quality, compliance and risk managed audits.

11:40 - 12:35pm
plenary 5
SMSF estate planning - Bringing it all together with common conference themes and other current SMSF estate planning issues

Scott Hay-Bartlem, Partner, Cooper Grace Ward Lawyers

There are many estate planning decisions that have an impact on how we run SMSFs, and many decisions for SMSFs that impact members’ estate planning. So, it is appropriate to end the conference with a look at the current issues in estate planning with SMSFs, and how other topics covered over the course of the conference interact with, or counteract, estate planning intentions.
12:35 - 12:45pm
Closing address
1:00 - 2:30pm
CHARTER HALL FINAL DAY LUNCHEON

Book with confidence - secure your place today

$2,150

Standard Member Registration

Available to all financial SMSF Association Members.

Register by 16 Feb 2022

$2,745

New Member + Standard Registration Offer

Available to NEW members only.

Register by 16 Feb 2022

$2,850

Non-Member
Registration

Available to Non-Members until the conference.

Register by 16 Feb 2022
A condensed National Conference 2022 technical program will be available virtually.
Registration and further details will be released later in 2021. 

For Terms and Conditions, click here.


This (National Conference 2020 on the Gold Coast) was the best SMSF Association Conference I have ever attended."
"Another great line-up of presentations from well informed and interested presenters that kept me engaged from start to finish. ”