Register For Our Mailing List

Register to receive our free weekly newsletter including editorials.

Home / 292

5 common mistakes in running an SMSF

There are a lot of rules and regulations when it comes to superannuation and running your SMSF. Fund investments are for the sole purpose of providing benefits for the members or their dependants for superannuation purposes and not for personal reasons. Here are some common mistakes and how you can avoid them.

1. Don’t use your SMSF money for personal reasons

Some people take money from their SMSF accounts and pay personal or business expenses to help themselves or a close friend or relative. Sometimes they do so inadvertently, and in other cases, they do not realise it is not allowed.

It is essential that everyone separates their personal and business bank accounts from their SMSF accounts. Taking money from superannuation before the correct time can result in severe penalties to the fund as well as the member. If an amount is withdrawn in breach of the rules, it should be repaid as soon as possible. Frequent breaches may result in a person being disqualified from running an SMSF and include financial penalties.

2. Investments not in the fund’s name

Make sure SMSF investments are not mixed with personal investments. A requirement of superannuation law is that the assets of a fund must be in the name of the individual trustees or the corporate trustee. If this is not possible, supporting documentation that demonstrates the asset belongs to the fund, such as declarations of trust or trustee minutes, should be maintained. If a member becomes bankrupt, investments in the name of the fund are protected from the member’s creditors in most cases. Being well organised will ensure the investments are in the right name.

3. Stick to the investment rules

It is possible for an SMSF to invest in a wide range of investments including term deposits, shares, property and cash.

However, it is essential to make sure the fund obeys the many rules applying to investments. Most of these rules apply where a person, company or trust has a significant link with the fund. This includes members, trustees, any of their relatives and companies or trusts they control. If the fund makes a loan, invests in or leases assets to a related party, penalties may apply, and the fund could lose its tax concessions.

Any assets or money belonging to the fund must not be used for personal or business purposes unless it is specifically allowed by the superannuation law. For example, it is possible for the fund to lease commercial property to related parties providing it is on a commercial basis and permitted by the fund’s investment strategy. The money in the fund is never to be used as a source of cheap finance and cannot be used for emergencies.

Complying with the investment rules requires some planning and monitoring of the SMSF on an ongoing basis, especially when the values of investments change or related parties are involved.

4. Pay at least the minimum pension

The minimum amount of pension must be paid or there can be problems for anyone in retirement phase or receiving a transition-to-retirement pension. It can mean unnecessary tax in the fund and compliance issues. One of the benefits of superannuation is access to tax concessions so why not maximise that opportunity.

Strict rules apply to pensions, when income earned on assets that support retirement phase pensions is tax-free. Not maintaining pensions properly may result in the loss of benefits and then paying tax on those earnings within the fund.

Sometimes unexpected errors can occur, resulting in small underpayments of the pension. It is possible to make a catch-up payment to get things back on track and not impact on tax concessions. Prevention is better than cure and arrangements should be made to ensure the minimum amount will be paid automatically before 30 June.

5. Store documents properly

Keeping the documents of the fund such as the trust deed, minutes of meetings and decisions, investment information, membership and trustee acceptances is essential for compliance, audit and when the trustees of the fund may be brought to account. Loss of any documents may result in an unsatisfactory outcome as disputes may arise between the trustees, members and others making a claim on a fund benefit.

Records that are required to be kept for five years are:

  • accounting records that provide accurate information about the transactions and financial position of the fund
  • the annual operating statements and the annual statements of the fund’s financial position
  • copies of all SMSF annual returns lodged with the ATO
  • copies of any other statements lodged with the ATO or provided to other super funds

Records that are required to be kept for 10 years are:

  • trustee minutes of meetings and decisions on matters affecting the fund
  • records of changes to trustees, and a member’s written consent to be appointed as a trustee
  • trustee declarations recognising the obligations and responsibilities for any trustee, or director of a corporate trustee, appointed after 30 June 2007
  • copies of all reports given to members
  • documented decisions about storage of collectibles and personal use assets

 

Graeme Colley is the Executive Manager, SMSF Technical and Private Wealth at SuperConcepts, a sponsor of Cuffelinks. This article is for general information only and does not consider any individual’s investment objectives.

For more articles and papers from SuperConcepts, please click here.

 

RELATED ARTICLES

The mechanics of the $3 million super tax must be fixed

Why it’s better to be a small investor

Valuable super contribution changes are now law

banner

Most viewed in recent weeks

2024/25 super thresholds – key changes and implications

The ATO has released all the superannuation rates and thresholds that will apply from 1 July 2024. Here's what’s changing and what’s not, and some key considerations and opportunities in the lead up to 30 June and beyond.

Five months on from cancer diagnosis

Life has radically shifted with my brain cancer, and I don’t know if it will ever be the same again. After decades of writing and a dozen years with Firstlinks, I still want to contribute, but exactly how and when I do that is unclear.

Is Australia ready for its population growth over the next decade?

Australia will have 3.7 million more people in a decade's time, though the growth won't be evenly distributed. Over 85s will see the fastest growth, while the number of younger people will barely rise. 

Welcome to Firstlinks Edition 552 with weekend update

Being rich is having a high-paying job and accumulating fancy houses and cars, while being wealthy is owning assets that provide passive income, as well as freedom and flexibility. Knowing the difference can reframe your life.

  • 21 March 2024

Why LICs may be close to bottoming

Investor disgust, consolidation, de-listings, price discounts, activist investors entering - it’s what typically happens at business cycle troughs, and it’s happening to LICs now. That may present a potential opportunity.

The public servants demanding $3m super tax exemption

The $3 million super tax will capture retired, and soon to retire, public servants and politicians who are members of defined benefit superannuation schemes. Lobbying efforts for exemptions to the tax are intensifying.

Latest Updates

Retirement

Uncomfortable truths: The real cost of living in retirement

How useful are the retirement savings and spending targets put out by various groups such as ASFA? Not very, and it's reducing the ability of ordinary retirees to fully understand their retirement income options.

Shares

On the virtue of owning wonderful businesses like CBA

The US market has pummelled Australia's over the past 16 years and for good reason: it has some incredible businesses. Australia does too, but if you want to enjoy US-type returns, you need to know where to look.

Investment strategies

Why bank hybrids are being priced at a premium

As long as the banks have no desire to pay up for term deposit funding - which looks likely for a while yet - investors will continue to pay a premium for the higher yielding, but riskier hybrid instrument.

Investment strategies

The Magnificent Seven's dominance poses ever-growing risks

The rise of the Magnificent Seven and their large weighting in US indices has led to debate about concentration risk in markets. Whatever your view, the crowding into these stocks poses several challenges for global investors.

Strategy

Wealth is more than a number

Money can bolster our joy in real ways. However, if we relentlessly chase wealth at the expense of other facets of well-being, history and science both teach us that it will lead to a hollowing out of life.

The copper bull market may have years to run

The copper market is barrelling towards a significant deficit and price surge over the next few decades that investors should not discount when looking at the potential for artificial intelligence and renewable energy.

Property

Global REITs are on sale

Global REITs have been out of favour for some time. While office remains a concern, the rest of the sector is in good shape and offers compelling value, with many REITs trading below underlying asset replacement costs.

Sponsors

Alliances

© 2024 Morningstar, Inc. All rights reserved.

Disclaimer
The data, research and opinions provided here are for information purposes; are not an offer to buy or sell a security; and are not warranted to be correct, complete or accurate. Morningstar, its affiliates, and third-party content providers are not responsible for any investment decisions, damages or losses resulting from, or related to, the data and analyses or their use. To the extent any content is general advice, it has been prepared for clients of Morningstar Australasia Pty Ltd (ABN: 95 090 665 544, AFSL: 240892), without reference to your financial objectives, situation or needs. For more information refer to our Financial Services Guide. You should consider the advice in light of these matters and if applicable, the relevant Product Disclosure Statement before making any decision to invest. Past performance does not necessarily indicate a financial product’s future performance. To obtain advice tailored to your situation, contact a professional financial adviser. Articles are current as at date of publication.
This website contains information and opinions provided by third parties. Inclusion of this information does not necessarily represent Morningstar’s positions, strategies or opinions and should not be considered an endorsement by Morningstar.