SMSF update from the ATO

In a recent speech, Alison Lendon, Deputy Commissioner Superannuation, spoke to a number of issues that affect super funds and their trustees and advisers. The following are excerpts:

Applying to the ATO for advice

If trustees of superannuation funds want a written explanation of the ATO’s view on how the super laws apply to their SMSF, they can apply for ‘SMSF specific advice’.

While this advice isn’t legally binding, it will provide certainty to trustees about the application of the super laws to their fund, and the fact that trustees acted in accordance with the advice would be an important factor in their favour. We can assist with this application process.

The most common topics the ATO is asked about for specific advice are:

  • confirming when a property meets the requirements to be ‘business real property’, and working through the acquisition of business real property from related parties;
  • understanding the limitations of investing in related unit trusts;
  • what’s an ‘improvement’ or a ‘repair’ to property acquired under a limited recourse borrowing arrangement (LRBA);
  • the acquisition of assets from related parties and low-interest loans for LRBAs; and
  • requests about collectable and personal use assets since specific requirements regarding their storage and usage were introduced in 2011, especially regarding insurance and gold bullion.

Related party transfers

From 1 July 2013, new legislation will broaden the types of assets currently prohibited from being acquired from a related party, but will also provide more transparent exceptions whereby acquisitions will be permissible.

By way of example, the acquisition of ‘business real property’ will be prohibited unless acquired at market value as determined by a qualified independent valuer. Similarly, listed securities acquired from a related party will also be prohibited unless they are acquired in a way that is prescribed under the regulations. The legislation will also introduce a prohibition on the disposal of SMSF assets to a related party, unless similar exceptions are satisfied.

Benefits of networking for businesses (part 2)

Networking for small business

In my previous article, I shared some of my thoughts on the power of word of mouth marketing and personal referrals for businesses. As I’ve said, I’m not an expert in business networking, but I’ve experienced what it’s done for my business and I’ve witnessed how it’s benefited other businesses too. If anything, I hope that this series of article swill shed light on some of those experiences to give you something to think about in terms of whether it can benefit your business as well.

Small business is unique

Big brand businesses allocate a lot of resources into their marketing and public relations to ensure that you (the consumer) is aware of their brand. For big brands, brand awareness means being front of mind all the time. You’ll see them on television, on the radio, in newspapers and magazines, on billboards and of course, over the internet. They’ll be sponsoring sporting teams, community activities, and major events. Big brands are everywhere and in every aspect of our lives.

If you’re a small business, then (like me) you probably wouldn’t have the resources to maintain the same level of marketing as big brand businesses. So what can you do as a small business? Even without exploring any other part of your business, I already know you’ve got something that the big brands. You’ve got something that’s unique to your business and it’s something that will give you an edge over those larger competitors. That something unique is YOU!

Business networking requires you

We’ve all got social networks of some sort or other. These various networks exist through family or friends at all different levels and through different forms of association. You might know people from school, from university, through work, through church, over the internet, or even through whatever your normal daily activity might be (ie, your local postman, the checkout girl at the supermarket, your favourite barista etc). Regardless of the network that you may belong to or how it came into existence, the next question is whether that network adds value into your business.

Sometimes some networks are totally distinct and separate from business and sometimes other networks are fully integrated into business. Understanding the dynamics of each network will allow you to navigate them successfully, and more importantly, appropriately. Have you even been invited by a ‘friend’ to a multilevel marketing seminar? I’m sure they probably told you that it was about something other than multilevel marketing and they never asked whether you’re actually interested (assuming correctly that you’re not)? You’ll know what I mean, it’s not just what you do, but how you do it – especially if you value and want to maintain the relationships with those people in your networks.

Formal Business Networking

Aside from the various social networks that we all belong to, there are other networking groups that are focused purely on business networking, or networking for business. When joining this kind of group, there’s no question or uncertainty about what the main goal is – it’s all about business.

You’ll find that there are many different networking groups for businesses and they all go about their networking in different ways. Some groups are very structured while others might be more casual. Some meet weekly while other meet less frequently. Some meet in specific venues while others may meet online only. At the end of the day, you should find a business networking group that suits you and meets your needs because that’s where you’ll be at your best and be able to do your best.

I started formal business networking several years ago, and my first experience was a real eye-opener. I had been invited by a business associate and didn’t know what to expect. While the returns were not immediate, with commitment and dedication I found the rewards to be much more than just the immediate network.

Up next…

In the next part in this series of articles, I will be sharing some of what my team of lawyers and I have done in terms of formal business networking and what it has meant for us.