SMSF essentials course - Changelog December 2023

The following changes have been made to modules within the SMSF essentials course - these changes reflect part of the rebrand and repositioning of content from the former SMSF essentials course, along with various additions and amendments to the superannuation laws at December 2023:

  • All - Update copyright to 2023
  • All - Remove reference to Financial Adviser Standard and Ethics Authority (FASEA) replace with Financial Adviser Standards (ASIC & Treasury)
  • All - CPD breakdown change FASEA CPD to Legislated CPD
  • All - CPD hours amended from 21 to 18
  • All - Update Legislated CPD category to include ‘Tax (Financial) Advice’

Module 1

Section Changes required
1.1 Overview of superannuation
  • Updated to reflect increase in SGC rate to 11%
1.3 Three pillars of superannuation
  • Updated to reflect increase in SGC rate to 11%
1.5.1 Why people choose SMSFs?
  • Add reference and link to ASIC Information Sheet 274 ‘Tips for giving self-managed superannuation fund advice’.
1.6.1 Trustee Remuneration
  • NEW SECTION - inserted new section under 1.6 Definition of an SMSF - ‘Trustee Remuneration’ 
  • Section highlights the key trustee remuneration requirements of SIS 17B
1.6.2 Alternate Trustees
  • NEW SECTION - inserted new section under 1.6 Definition of an SMSF - ‘Alternate Trustees’
  • Section highlights the opportunities for alternate trustees to be appointed under definition of an SMSF
  • Inserted subsection ‘when a member has died’
  • Inserted subsection ‘legal disability’
  • Inserted subsection ‘minors’
  • Inserted subsection ‘LPR holding an enduring power of attorney’
  • Added link to ATO ruling SMSFR 2010/2 
1.6.3 - Persons not to be trustees of an SMSF
  • NEW SECTION - inserted new section under 1.6 Definition of an SMSF - ‘Persons not to be trustees of an SMSF’
  • Section highlights the situations when a person cannot act as trustee of a fund
  • Inserted references to disqualified persons
1.6.4 - Trustee Consent and Declaration
  • NEW SECTION - inserted new section under 1.6 Definition of an SMSF - ‘Trustee Consent and Declaration’
  • Section highlights the requirements for a new trustee to complete a trustee declaration upon appointment as trustee and to consent to act as trustee
  • Inserted link to ATO Trustee declaration
1.6.5 Director ID laws
  • Moved Director ID laws from 1.6.1 to 1.6.5
  • Corrected commencement date from 1 November 2020 to 1 November 2021
  • Updated references to transitional arrangements to reflect that transitional period has ceased
  • Added reference to penalties
1.8 - Trustee Covenants
  • NEW SECTION - inserted new section ‘Trustee Covenants’
  • Section identifies the requirements under law how trustees need to Act (SIS Section 52B & 52C)
1.9 - Resident Regulated Fund
  • Changed heading of 1.9 from Residency to ‘Resident Regulated Fund’
  • Added requirements for an SMSF to be considered a complying fund
1.9.1 - Australian Superannuation Fund
  • Expanded NOTE about Active member test to incorporate that pension members are not active members
1.9.2 - Central Management and Control
  • NEW SECTION - inserted new section under 1.9 Resident Regulated Fund - ‘Central Management and Control’
  • Section identifies the key elements from ATO Ruling TR 2008/9 about how to satisfy Central Management and Control
  • Inserted subsection ‘Exercising central management and control’
  • Inserted subsection ‘Ordinarily in Australia’
  • Inserted example ‘temporary absence’
  • Updated status of the Federal Budget announcement to reference latest announcement from 2022-23 Federal Budget
Activity 3
  • Inserted Activity 3 - definition of an Australian Superannuation Fund
1.10 - Sole Purpose Test
  • Sole Purpose Test was moved and renumbered from 1.8 to 1.10

Module 2 - Investment Rules

Section Changes required
2.3 - Sole Purpose Test
  • NEW SECTION - inserted new section ‘Sole Purpose Test’
  • Section expands upon the introduction of the Sole Purpose Test from Module 1
2.3.1 - Factors to determine compliance with the Sole Purpose Test
  • NEW SECTION - inserted new section under 2.3 Sole Purpose Test - ‘Factors to determine compliance with the Sole Purpose Test’
  • Section identifies the factors that could lead to conclusion that Fund satisfies Sole Purpose Test - from ATO Ruling SMSFR 2008/2
  • Section identifies the factors that could lead to conclusion that Fund does not satisfy Sole Purpose Test - from ATO Ruling SMSFR 2008/2
  • Inserted four (4) examples from SMSFR 2008/2 to assist in identifying factors
Activity 1 - Satisfying the Sole Purpose Test
  • Inserted new activity with 4 scenarios to determine whether the investment activity would satisfy the Sole Purpose Test requirements
2.4 - Related parties and relatives
  • Renumbered section ‘related parties and relatives’ from 2.3 to 2.4
    • Includes renumbering subsection ‘Factors to determine who is a related party’ to 2.4.1
Activity 2 - Determining who is a Part 8 Associate
  • Activity 2 was previously Activity 1
  • Changed activity 6 from ‘Bob’ to ‘Patrick’
  • Changed activity 7 from ‘Bob’ to ‘Patrick’
2.5 - Prohibition on lending to members
  • Renumbered section ‘prohibition on lending to members’ from 2.4 to 2.5
Activity 3 - Who is a Part 8 Associate to determine financial assistance?
  • Activity 3 was previously Activity 2
2.6 - Acquiring assets from related parties
  • Renumbered section ‘acquiring assets from related parties’ from 2.5 to 2.6
2.7 - Borrowing
  • Renumbered section ‘Borrowing’ from 2.6 to 2.7
    • Includes renumbering subsection ‘Limited Recourse Borrowing Arrangements’ to 2.7.1
2.8 - In-house assets
  • Renumbered section ‘In-house assets’ from 2.7 to 2.8
    • Includes renumbering subsection ‘Unpaid trust distributions’ to 2.8.1
    • Includes renumbering subsection ‘What if the limit is exceeded’ to 2.8.2
    • Includes renumbering subsection ‘COVID-19 compliance approach’ to 2.8.3‘
Activity 4 - In-house asset breach or not?
  • Activity 4 was previously Activity 3
2.9 - Business Real Property
  • Renumbered section ‘Business Real Property’ from 2.8 to 2.9
2.10 - Collectable and personal use assets
  • Renumbered section ‘Collectable and personal use assets’ from 2.9 to 2.10
2.11 - Arm’s length dealings
  • Renumbered section ‘Arm’s length dealings’ from 2.10 to 2.11

Module 3 - Contribution Rules

Section Changes required
3.3 How is a contribution made?
  • Section expanded to incorporate direct and indirect methods of making contributions
3.3.1 - Monies transferred
  • NEW SECTION - inserted new section under 3.3 How is a contribution made - ‘Monies transferred’ 
  • Section highlights transactions that would be deemed a money transfer
3.3.2 - In-specie contributions
  • Renumbered ‘in-specie contributions’ from 3.3.1 to 3.3.2
3.3.3 - Increasing the value of an existing asset
  • NEW SECTION - inserted new section under 3.3 How is a contribution made - ‘increasing the value of an existing asset’
  • Section introduces the concept of contributing by undertaking improvement transactions to property
3.3.4 - Third party expense payments
  • NEW SECTION - inserted new section under 3.3 How is a contribution made - ‘third party expense payments’
  • Section introduces concept of party external to SMSF paying a fund expense 
3.3.5 - Payment of debt by guarantor
  • NEW SECTION - inserted new section under 3.3 How is a contribution made - ‘payment of debt by guarantor’
  • Section introduces how guarantors and contributions can be linked
3.3.6 - Forgiveness of debt
  • NEW SECTION - inserted new section under 3.3 How is a contribution made - ‘forgiveness of debt’
  • Section identifies when related lenders forgive debt owed by SMSF
3.4 - Eligibility to make contributions
  • Table and text updated to reflect change in downsizer to 55 from 1 January 2023
  • NOTE about TFN moved to text from ‘Employer contribution’ section
    • Includes renumbering subsection ‘Employer contributions’ to 3.4.1
Activity 1 - Employer Contributions
  • Scenario 1 updated to reflect change in SG from 10.5% to 11%
3.5 - Total Superannuation Balance
  • Text and Table updated to reflect indexation of General Transfer Balance cap to $1.9m from 1 July 2023
3.5.2 - Accumulation Phase Value (APV)
  • Example - Hugh’s age changed from 58 to 59 and date changed from 30 June 2021 to 30 June 2023
3.5.3 - Retirement Phase Value (RPV)
  • Example - commencement and commutation date changed from 2020 and 2021 to 2022 and 2023 respectively
3.6 - Work Test
  • Hyperlink reference changed from 3.6.1 to 3.6.3
3.6.1 - How removing the work test affects an individual
  • Hyperlink reference changed from 3.9 to 3.13
3.6.4 - Work Test Exemption
  • Text updated to discuss rules from 1 July 2022 rather than 2019
  • Example of Geoff updated to current year
Activity 2
  • Scenario 1 (Nick) payment frequency changed from weekly to fortnightly
  • Scenario 4 (Jiang) updated to current year example
3.7.1 - In-specie contributions
  • NEW SECTION - inserted new section under 3.7 Timing of contributions - ‘in-specie contributions’
  • Section expands on when an in-specie contribution is made
    • Includes renumbering subsection ‘Contributions made via ATO Small Business Clearing House (SBSCH)’ to 3.7.2
3.8 - Concessional Contributions
  • Table updated to include cap for 2023-24
  • Example updated - SG indexation to 11% 
  • Example updated - increase tax payable on higher contribution
  • Example updated - decrease cap space 
3.8.1 - SG Contributions
  • Table amended to show previous year and future years
3.8.2 - Maximum contribution base
  • Table updated to include MCB for 2023-24
3.8.4 - unused concessional cap carry-forward
  • Example is updated to consider contributions in 2023-24 year
3.8.5 - Contribution splitting
  • NEW SECTION - inserted new section under 3.8 concessional contributions - ‘contribution splitting’
  • Section explains how contribution splitting rules work
  • Inserted new subsection - ‘who can split?’
  • Inserted new subsection - ‘What contributions can you split’
  • Inserted new subsection - ‘How much can be split’
  • Inserted new subsection - ‘Application validity’
  • Inserted new subsection - ‘Invalid application’
  • Inserted new subsection - ‘Trustee’s decision on member’s application’
  • Inserted new subsection - ‘Tax and other consequences of contributions splitting’
  • Inserted contributions splitting example
3.8.6 - Contribution reserves
  • NEW SECTION - inserted new section under 3.8 Concessional contributions - ‘contribution reserves’
  • Section explains how SMSFs use a contribution reserve
3.8.7 - Allocations from a reserve
  • NEW SECTION - inserted new section under 3.8 Concessional contributions - ‘allocations from a reserve’
  • Section explains how SMSFs that maintain reserves can impact contributions
3.9 - Tax treatment of concessional contributions
  • NEW SECTION - inserted new section ‘tax treatment of concessional contributions’
  • Section outlines the tax rate that applies to concessional contributions.
  • Section previously contained within Module 5
3.10 - Excess concessional contributions 
  • Expanded text that identifies the process when a member exceeds their concessional contribution cap
3.11 - No-TFN contributions tax
  • NEW SECTION - inserted new section ‘no-TFN contributions tax’
  • Section outlines the tax requirements if a member does not quote their tax file number
  • Section previously contained within Module 5
3.12 - Division 293 Tax
  • NEW SECTION - inserted new section ‘Division 293 Tax - additional contributions tax for high income earners’
  • Section outlines the circumstances where certain high income earners pay additional tax on contributions
  • Inserted new section 3.12.1 - ‘income’
  • Inserted new section 3.12.2 - ‘contributions’
  • Section previously contained within Module 5
3.13 - Non-concessional contributions
  • Renumbered section ‘Non-concessional contributions’ from 3.9 to 3.13
    • Includes renumbering subsection ‘Additional contributions during bring-forward period’ to 3.13.1
    • Includes renumbering subsection ‘NCC indexation and bring-forward periods’ to 3.13.2
    • Includes renumbering subsection ‘What counts as a non-concessional contribution?’ to 3.13.3
  • NCC bring-forward table amended to incorporate indexation of General Transfer Balance cap
  • Example (Jane) updated to reflect indexed Transfer Balance Cap
  • Appendix 1 updated to reflect GTBC indexation from 1 July 2023
3.13.1 - Additional contributions during bring-forward period
  • Example 1 updated from $1.7m to $1.9m for year 2
  • Example 2 updated to current years
3.13.2 - NCC indexation and bring-forward periods
  • NCC cap amounts increased by relevant indexation amount
  • Example updated to reflect current year and potential future indexation of caps.
Activity 3 - NCC & bring-forward
  • Scenario 1 updated to reflect changes to years
3.14 - Excess non-concessional contributions
  • NEW SECTION - inserted new section ‘excess non-concessional contributions’
3.14.1 - What happens if you exceed your non-concessional cap?
  • NEW SECTION - inserted new section under 3.14 Excess non-concessional contributions - ‘what happens if you exceed your non-concessional cap?’
  • Section explains the process when a member exceeds their non-concessional cap leaving a member with two options
  • Inserted new subsection - ‘Option 1’
  • Inserted new subsection - ‘Option 2’
  • Inserted new subsection - ‘Associated Earnings’
  • Associated earnings includes the calculation process and the current associated earnings rates from the ATO
3.14.2 - Returning contributions
  • NEW SECTION - inserted new section under 3.14 Excess non-concessional contributions - ‘returning contributions’
  • Section explains the limited scenarios where contributions can be returned to the member
3.15 - Other types of contributions 
  • Renumbered section ‘Other types of contributions’ from 3.11 to 3.15
  • Spouse contributions GTBC updated from $1.7m to $1.9m
  • Downsizer contributions moved to 2nd row and updated to reflect age change from 1 January 2023 to 55 (from 60)
  • CGT cap contributions moved to row 3
  • Inserted NEW ROW - Payments for personal injury/structured settlement payments added to table
  • Government co-contributions, moved to row 5 and GTBC updated to $.9m
  • LISTO moved to row 6
  • Child contributions moved to row 7
  • Transfer from foreign super funds moved to row 8
  • COVID-19 recontribution moved to row 9
3.15.1 - Downsizer contributions
  • NEW SECTION - inserted a new section under 3.15 Other types of contributions - ‘Downsizer contributions’
  • Section identifies eligibility requirements for downsizer contributions 
  • Appendix 2 previously referenced as appendix 3 updated
3.16 - What contributions are assessable?
  • NEW SECTION - inserted a new section ‘What contributions are assessable?’’
  • Section inserts a table of which contributions (discussed throughout module) are assessable and which are not
Activity 4 - Assessable or non-assessable contributions?
  • NEW ACTIVITY - inserted new activity with 4 scenarios determining whether contributions are assessable or not.

Module 4 - Pensions & Paying Benefits

Section Changes required
4.3.6 - Compassionate grounds
  • Removed reference to temporary early release due to COVID-19 as it ceased in December 2020
4.3.7 - Terminating gainful employment
  • Added note to indicate SMSFs couldn’t access preserved benefits via lifetime income stream
4.4 - How benefits can be paid
  • Renumbered section ‘How benefits can be paid’ from 4.4.1 to 4.4
4.5 - Taxation of super lump sum member benefits
  • NEW SECTION - inserted a new section ‘Taxation of super lump sum member benefits’
  • Section explains the taxation of lump sum withdrawals
  • Includes table with 2023-24 withdrawal caps
  • Inserted new subsection ‘Low rate cap’
  • Section previously maintained in Module 5
4.6 - How benefits can be paid - income streams
  • Renumbered section ‘how benefits can be paid - income streams’ from 4.4.2, to 4.6
  • Updated proportioning example to 2023-24 year
4.7 - Types of pensions
  • Renumbered section ‘Types of pensions’ from 4.5 to 4.7
4.8 - Account Based Pensions
  • Renumbered section ‘Account based pensions’ from 4.6 to 4.8
    • Includes renumbering subsection ‘minimum pension payment’ to 4.8.1
    • Includes renumbering subsection ‘pension documentation & records’ to 4.8.2
    • Includes renumbering subsection ‘Commutation rules’ to 4.8.3
4.8.1 - Minimum pension payment
  • Updated text about 50% minimum pension reduction
Activity 2
  • Updated all scenarios to commence on or after 1 July 2023
4.8.3 - Commutation rules
  • Full commutation example 1 changed commencement date to 2023-24 year
  • Full commutation example removes 50% discount calculation
  • Full commutation in subsequent (or later) year example 2 updated dates and removed 50% discount
4.9 - Transition to Retirement Income Streams
  • Renumbered section ‘Transition to Retirement Income Streams’ from 4.7 to 4.9
    • Includes renumbering subsection ‘Maximum annual payment’ to 4.9.1
    • Includes renumbering subsection ‘Commutations’ to 4.9.2
  • Updated example year from 2022-23 to 2023-24 and removed 50% discount
4.10 - When does a pension cease?
  • Renumbered section ‘When does a pension cease?’ from 4.9 to 4.10
    • Includes renumbering subsection ‘exhaustion of capital’ to 4.10.1
    • Includes renumbering subsection ‘by operation of the payment standards’ to 4.10.2
    • Includes renumbering subsection ’Failing to comply with the pension rules’ to 4.10.3
    • Includes renumbering subsection ‘Commutation’ to 4.10.4
    • Inlcudes renumbering subsection ‘Member dies’ to 4.10.5
4.10.3 - Failing to comply with the pension rules
  • Example added
4.11 - Legacy Pensions
  • Renumbered section ‘Legacy Pensions’ from 4.8 to 4.11
  • Allocated pensions moved to top of the table as the most common legacy pension
4.12 - Taxation of Income Streams
  • NEW SECTION - Inserted new section ‘Taxation of Income Streams
  • New section explains the taxation outcomes for paying income streams to a member - table included
  • Section previously maintained in Module 5
4.13 - Transfer Balance Cap
  • Renumbered section ‘Transfer Balance Cap’ from 4.10 to 4.13
  • Updated cap following indexation to $1.9 million from 1 July 2023
  • Included table of General Cap from inception
  • Updated subsection ‘Personal transfer balance cap’ to reflect indexation
  • Updated subsection ‘Proportional indexation’ to reflect indexation
  • Updated subsection ‘starting a transfer balance after indexation’  to reflect 1 July 2023 indexation
  • Updated subsection ‘A transfer balance account exists before indexation’ to remove reference to $1.6 million and replace with general transfer balance cap
  • Updated subsection ‘Available transfer balance cap space’ to change reference from $100,000 to value general cap is indexed
  • Updated Example 2 showing proportional indexation
4.14 - Transfer Balance Account
  • Renumbered section ‘Transfer Balance Account’ from 4.11 to 4.14
    • Includes renumbering subsection ‘Debits & Credits’ to 4.14.1
4.14.1 - Debits & Credits
  • Example updated to 1 July 2023
Activity 3
  • Both scenarios updated to reflect current timeframes
4.15 - Exceeding the transfer balance cap
  • Renumbered section ‘Exceeding the transfer balance cap’ from 4.12 to 4.15

Module 5 - Taxation of SMSFs

Section Changes required
Module Overview
  • Learning outcomes updated to remove contributions and benefit payments
5.3 - Assessable contributions
  • Identifies that assessable contributions are dealt with in Module 3
  • Former 5.3 ‘Tax treatment of concessional contributions’ moved to Module 3
  • Former 5.4 ‘Excess concessional contributions’ moved to Module 3
  • Former 5.5 ‘What contributions are assessable?’ moved to Module 3
  • Activity 1 moved to Module 3
  • Former 5.6 ‘Division 293 Tax - additional contributions tax for high income earners’ moved to Module 3
5.4 - Fund Income
  • Renumbered section ‘Fund Income’ from 5.10 to 5.4
5.5 - Capital gains
  • Renumbered section ‘Capital gains’ from 5.7 to 5.5
    • Includes renumbering subsection ‘CGT discount method - assets held for 12 month or more’ to 5.5.1
    • Includes renumbering subsection ‘CGT Method statement’ to 5.5.2
    • Includes renumbering subsection ‘No CGT discount - asset held for less than 12 months’ to 5.5.3
    • Includes renumbering subsection ‘Indexation Method’ to 5.5.4
    • Includes renumbering subsection ‘CGT worksheet’ to 5.5.5
    • Includes renumbering Activity to Activity 2
  • References to 2021-22 Annual return removed
5.6 - Transitional CGT relief
  • Renumbered section ‘Transitional CGT relief’ from 5.8 to 5.6
    • Includes renumbering subsection ‘Brining a deferred notional gain to account’ to 5.6.1
5.7 - Limiting the Trading stock exception for Super Funds
  • Renumbered section ‘Limiting the Trading stock exception for Super Funds’ from 5.9 to 5.7
5.8 - Non-arm’s length income
  • Renumbered section ‘Non-arm’s length income’ from 5.14 to 5.8
    • Includes renumbering subsection ‘Types of NALI income’ to 5.8.1
    • Includes inserting new subsection ‘NALE requirements for SMSFs and SAFs’ at 5.8.2
    • Includes renumbering subsection ‘Non-arm’s length income and assessable contributions’ to 5.8.3
    • Includes renumbering subsection ‘Reporting of NALI with SMSF Annual Return’ to 5.8.4
5.8.2 - NALE requirements for SMSFs & SAFs
  • NEW SECTION - inserted new section under 5.8 Non-arm’s length income - ‘NALE requirements for SMSFs & SAFs’
  • Section outlines the response to the previous introduction of law to deal with non-arm’s length expenses and how they only relate to SMSFs and SAFs
  • Introduces the concept of NALI = 2 x arm’s length expense (if NIL expense) or 2 x difference if didn’t pay enough
  • Examples added
Activity 2
  • NEW ACTIVITY - NALI
5.9 - Deductions
  • Renumbered section ‘Deductions’ from 5.11 to 5.9
    • Includes renumbering subsection ‘Operating expenses’ to 5.9.1
    • Includes renumbering subsection ‘Investment-related expenses’ to 5.9.2
    • Includes renumbering subsection ‘tax-related expenses’ to 5.9.3
    • Includes renumbering subsection ‘Statutory fees and levies’ to 5.9.4
    • Includes renumbering subsection ‘Legal expense’ to 5.9.5
    • Includes renumbering subsection ‘Insurance premiums…’ to 5.9.6
    • Includes renumbering subsection ‘Future service deduction’ to 5.9.7
    • Includes renumbering subsection ‘Collectables and artwork’ to 5.9.8
5.10 - Claiming of expenses
  • Renumbered section ‘Claiming of expenses’ from 5.12 to 5.10
5.11 - Deductibility of expenses
  • Renumbered section ‘Deductibility of expenses’ from 5.13 to 5.11
    • Includes renumbering subsection ‘Apportionment’ to 5.11.1
    • Includes renumbering subsection ‘Specific deductions’ to 5.11.2
    • Includes renumbering subsection ‘General deductions’ to 5.11.3
    • Includes renumbering subsection ‘Exclusions’ to 5.11.4
    • Includes renumbering subsection ‘Expenditure - capital v revenue account’ to 5.11.5
5.12 - Tax exemption in the retirement phase
  • Renumbered section ‘Tax exemption in the retirement phase’ from 5.15 to 5.12
    • Includes renumbering subsection ‘Methods for calculating ECPI’ to 5.12.1
    • Includes renumbering subsection ‘Segregated method’ to 5.12.2
    • Includes renumbering subsection ‘Proportional method’ to 5.12.3
    • Includes renumbering subsection ‘What are disregarded small fund assets (DSFA)’ to 5.12.4
    • Includes renumbering subsection ‘What is 100% in retirement phase?’ to 5.12.5
    • Includes renumbering subsection ‘Which ECPI method should be used?’ to 5.12.6
    • Includes renumbering subsection ‘Actuarial certificate requirements’ to 5.12.7
    • Includes renumbering subsection ‘Tax losses’ to 5.12.8
    • Includes renumbering subsection ‘ECPI & Expenses’ to 5.12.9
    • Includes renumbering subsection ‘CGT events with ECPI’ to 5.12.10
5.12.7 - Actuarial certificate requirements
  • Updated reference to CGT method statement to 5.5.2
5.13 - Division 296 tax
  • NEW SECTION - inserted new section ‘Division 296 tax’
  • Section introduces new tax on those with superannuation balances greater than $3m from 1 July 2025
  • Introduces the steps required to calculate the tax liability
5.13.1 - Earnings Calculation
  • NEW SECTION - inserted new section under 5.13 Division 296 -  ‘Earnings calculation’
  • Section introduces how to calculate the earnings allowing for various withdrawals and contributions
  • Examples provided
5.13.2 - Carry forward negative superannuation earnings to future income years
  • NEW SECTION - inserted new section under 5.13 Division 296 - ‘Carry forward negative superannuation earnings to future income years’
  • Section introduces the concept of carrying forward negative earnings to future years to reduce positive earnings
5.13.3 - Division 296 assessments & tax liability
  • NEW SECTION - inserted new section under 5.13 Division 296 - ‘Division 296 assessments & tax liability’
  • Section introduces how assessments are made and paid as well as exceptions
5.14 - Goods and Services Tax (GST)
  • Renumbered section ‘Goods and Services Tax (GST)’ from 5.16 to 5.14
    • Includes renumbering subsection ‘Financial supplies and GST credits’ to 5.14.1
    • Includes renumbering subsection ‘Reduced credit acquisitions’ to 5.14.2

Module 6 - Statutory reporting & responsibilities

Section Changes required
6.5 - Record keeping
  • Changed penalty to $313 from 1 July 2023
Activity 1
  • Updated Scenario 2 to change wind up date to 30 June 2023
6.7.1 - Events that need to be reported
  • Updated debit and credit table to add debits for certain defined benefit pensions and non-commutable excess transfer balances
6.7.2 - Reporting timeframes
  • Updated section to reflect all SMSFs move to quarterly TBAR from 1 July 2023 (including removal of annual reporting example)
6.7.7 - Late reporting
  • Removed reference to ATO taking educative approach
  • Reworded section slightly
Activity 2
  • Updated dates in Scenario 1 & 2
6.10 - PAYG withholding
  • Reference to Legacy Pension updated to reference Section 4.11 in module 4
6.11 - SuperStream
  • Removed reference about inclusion of rollovers into SuperStream
  • Reworded exemptions
6.11.1 - Electronic Service Address
  • Added text about employers requesting individuals completing choice forms
6.11.3 - SuperStream & ATO release authorities
  • Deleted former section 6.11.3 ‘Temporary rollover relief for SMSFs’ as relief has expired
  • NEW SECTION - added new section under 6.11 SuperStream - ‘SuperStream & ATO release authorities’
  • Section outlines the various release authorities that ATO issue and the process when ATO issues a release
6.12.1 - Education direction
  • Amended penalty unit from 10 to 5
6.12.4 - Administrative penalties
  • Updated penalty unit value to $313 from 1 July 2023
6.13.1 - The wind-up process
  • Updated the checklist

Module 7 - SMSF Estate Planning

Section Changes required
Module Overview
  • Learning outcomes amended to incorporate tax and trustee considerations
7.5 - Who is a dependant?
  • Updated reference to tax consequences
7.5.1 - Definitions
  • Child definition includes updated reference to tax consequences
7.6.2 - Binding death benefit nomination (BDBN)
  • Updated text to reference Hill & Zuda High Court Case and validity of binding nominations in SMSFs
  • Also adds reference to Donovan v Donovan case
7.6.3 - Death Benefit Rule
  • Expanded text
7.10.5 - Transfer Balance Cap - death benefit pensions
  • Example updated to 2023
7.11 - Taxation of Death Benefits
  • NEW SECTION - inserted new section ‘Taxation of Death Benefits’
  • Section explains death benefits tax
  • Section previously maintained in Module 5
7.11.1 - Tax dependant beneficiary
  • NEW SECTION - inserted new section under 7.11 Taxation of Death Benefits - ‘Tax dependant beneficiary’
  • Section explains tax payable by a tax dependant for both lump sums and pensions including table
  • Section previously maintained in Module 5
7.11.2 - Who is a (tax) death benefit dependant
  • NEW SECTION - inserted new section under 7.11 Taxation of Death Benefits - ‘Who is a (tax) death benefit dependant’ 
  • Section explains who meets the definition of a death benefits tax dependant
  • Section previously maintained in Module 5
7.11.3 - Non-tax dependant beneficiary 
  • NEW SECTION - inserted new section under 7.11 Taxation of Death Benefits - ‘Non-tax dependant beneficiary’
  • Section explains how death benefits paid to non-tax dependants are taxed including table
  • Section previously maintained in Module 5
Activity 4 - Tax on death benefit payments
  • NEW ACTIVITY- inserted new Activity 
  • Activity previously maintained in Module 5
7.12 - Death Benefit Rollovers
  • Renumbered section ‘Death Benefit Rollovers’ from 7.11 to 7.12
    • Includes renumbering subsection ‘Death Benefit untaxed elements upon rollover’ to 7.12.1
7.13 - Appointing a new trustee
  • Renumbered section ‘Appointing a new trustee’ from 7.12 to 7.13
  • Added a reference to constitution considerations where director has died
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