My client died and her superannuation benefits were paid from her SMSF to her estate. Who is liable to deduct Pay As You Go Withholding and lodge a Payment Summary – the SMSF or the estate?

The superannuation law includes various rules SMSFs must follow when interacting with “relatives”. Who is included as a “relative” for this purpose?

I’ve heard the ATO recently talking about SMSFs and administrative penalties. What are they and what should my client do if they get one?

When your client already has an established company, it is natural to ask if that company can be the Trustee of their new SMSF. We don’t recommend this approach - let’s have a look why.

No, but it may still be appropriate to do so depending on the fund’s future intentions.

Historically the validity of contribution reserving strategies had been the subject of much debate, with many advisers doubtful they passed the “sniff test” particularly for single member funds.

When the clearing house receives the money? Or when the respective superannuation funds receive the money from the clearing house?

While the rules surrounding excess contributions have remained relatively stable for some time now, the 1 July 2017 changes to non-concessional contribution limits for those with large superannuation balances have understandably muddied the waters.

In the new world of calculating exempt current pension income, if your 100% pension fund receives a contribution, and a new pension is commenced with that amount immediately on receipt, do you need an actuarial certificate?

Well, in fact pension payments have always needed to be paid in cash. Only lump sums can be taken in-specie.

Under the scheme, the employee is able to take up the entitlement themselves or nominate an associate to take up the share entitlement.

Potentially, but this will depend on why your client is receiving the lump sum, their age, the amount paid and the components of the lump sum.