
An SMSF can provide greater control and flexibility over your retirement savings. But with that control comes responsibility, and getting the details wrong can have significant consequences.
Self-managed superannuation funds can be an effective way to manage and build retirement savings. However, SMSF trustees also have a range of responsibilities and rules to navigate.
In our experience, most SMSF mistakes are not deliberate. They often happen because something has been overlooked, a transaction has been completed without considering the SMSF implications, or advice has been sought after the event.
The difficulty is that some transactions can be difficult, costly or even impossible to unwind once they have occurred.
Here are five common SMSF mistakes and, more importantly, some practical steps trustees can take to avoid them.
Making additional contributions to super can be an effective retirement planning strategy. However, it is important to understand your position before transferring the money.
It is not always as simple as staying within the annual contribution caps.
Your total superannuation balance, contributions already made during the financial year, any unused concessional contribution amounts and whether you have previously triggered the bring-forward provisions can all affect how much you are able to contribute.
Timing matters too.
This is particularly important around 30 June. A contribution generally needs to be received by the superannuation fund by 30 June to count towards that financial year. Simply initiating a bank transfer before year end may not be enough if the funds do not reach the SMSF until July.
Before making a significant contribution, check:
A quick check before making the contribution can help prevent an unexpected tax or superannuation issue later.
Property continues to be a popular investment for SMSFs, but it is also an area where getting the structure wrong can have significant consequences.
Before an SMSF acquires a property, trustees need to consider a range of factors, including:
Where borrowing is involved, there is another layer of complexity.
Limited recourse borrowing arrangements have specific requirements around the ownership structure, borrowing arrangements and the asset being acquired.
One of the common issues we see is a trustee finding a property, signing the contract and then asking how the SMSF purchase should be structured.
By that stage, some options may already be limited. Correcting the structure can potentially involve additional costs, tax or duty considerations.
If your SMSF is considering buying, selling or transferring property, particularly where borrowing or a related party is involved, obtain advice before signing a contract.
The right advice at the beginning can help ensure the transaction is structured correctly from the outset.
Related-party transactions are one of the more complex areas of SMSF compliance.
There can be an assumption that if a transaction is undertaken at market value, or on the same terms that would apply between unrelated parties, it must be acceptable.
That is not necessarily the case.
SMSFs are generally restricted from acquiring assets from members and other related parties, although there are important exceptions. These include certain listed securities and business real property acquired at market value.
The in-house asset rules also need to be considered.
Broadly, these rules can apply to loans to, investments in and certain assets leased to related parties, with a general limit of 5% of the market value of the SMSF’s assets. There are specific exceptions, including for certain arrangements involving business real property.
Even where a related-party transaction is permitted, the terms of the transaction still matter.
SMSF dealings generally need to be conducted on an arm’s-length basis. Transactions that are not conducted on arm’s-length terms can have further tax consequences, including the potential application of the non-arm’s-length income rules.
This is why related-party transactions need to be considered as a whole, rather than simply asking whether the price appears reasonable.
Before your SMSF buys, sells, leases or invests with a member, family member, related business, company or trust, check the SMSF implications first.
A transaction being commercially reasonable does not, by itself, mean that it complies with the SMSF rules.
SMSF assets are generally required to be reported at market value each year.
For cash and listed investments, determining market value is usually straightforward.
It can be more difficult for property, private companies, unlisted trusts and other unlisted investments.
We continue to see situations where a property value has remained unchanged for several years, or where there is limited evidence supporting the value used in the SMSF’s financial statements.
The issue is not simply whether a value appears reasonable. The SMSF auditor needs sufficient and appropriate evidence to support material asset values.
Valuations can affect much more than the numbers appearing in the annual financial statements.
They can influence:
With larger member balances, accurate valuations are becoming increasingly important.
Maintain appropriate and objective evidence supporting the market value of significant SMSF assets each year.
For property and unlisted investments, this may include comparable sales, financial information and, depending on the circumstances, an independent valuation.
Keeping good records throughout the year can make the annual compliance process much easier and provide the evidence your auditor needs.
This is perhaps the most important point.
A trustee may make a large contribution, withdraw a significant amount of money, transfer an asset, sign a property contract, enter into a related-party arrangement or make a significant change to an investment, and then ask their accountant how the transaction should be treated.
Sometimes there is no problem.
In other cases, the transaction may have tax or superannuation consequences that could have been avoided or managed differently if advice had been obtained beforehand.
Pensions are a good example.
Simply withdrawing money from an SMSF during the year does not necessarily mean all of the requirements associated with an account-based pension have been dealt with correctly.
The amount, timing and treatment of payments can be important, and failing to satisfy the relevant pension standards may have consequences for the fund’s tax position.
Similarly, a contribution that has already been made, an asset that has already been transferred or a contract that has already been signed may not always be capable of simply being reversed.
The SMSF rules can be unforgiving once a transaction has occurred.
If you are planning a significant SMSF transaction and are unsure of the implications, speak with your accountant or adviser before acting.
A short conversation beforehand can often provide considerably more options than trying to correct an issue afterwards.
Managing an SMSF involves much more than preparing annual financial statements and lodging a tax return.
Some of the most important decisions happen during the year, when a contribution is made, an asset is purchased or sold, money is withdrawn, a pension is commenced, a property transaction is considered or an investment involving a related party is proposed.
The common theme across many of these issues is timing.
Seeking advice before a significant transaction takes place generally provides more options than trying to address an issue afterwards.
If you are considering a significant contribution, property transaction, withdrawal, investment or other change involving your SMSF, the CIB Superannuation Services team can assist with understanding the compliance and practical implications before you proceed.
When it comes to your SMSF, getting advice before you act can make all the difference.



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