POWERED BY MOMENTUM MEDIA
‘Free’ setup offers could hurt SMSF trustees
Hidden costs associated with ‘free' self-managed superannuation fund (SMSF) setups could expose trustees to heavy penalties under a new regime, which comes into force on 1 July, a legal expert warns.
Townsends Business & Corporate Lawyers principal, Peter Townsend, said offers such as the recent SuperHelp ‘free SMSF and pension setup' advertisement, could see fund trustees pay the price for failing to identify hidden costs when they select products.
Townsend said Australian Securities and Investments Commission (ASIC) fined SuperHelp $10,200 earlier this year, after it found the ad to be "false and misleading".
Following an investigation ASIC discovered that the offer for a free SMSF setup was conditional on the payment of a one year subscription fee before the fund would be established, which the regulator was concerned could lead consumers to make "inappropriate financial decisions", as the advert did not clearly state the fees and costs associated with the promotion.
"As the saying goes, ‘there is no such thing as a free lunch', so when making decisions regarding SMSFs, it is vital that the true cost of the service is considered, and not only in a financial sense," Townsend said.
"As the new penalty regime for SMSFs draws closer [which comes into effect from 1 July], advisers and their clients need to be aware that poor product choice could see trustees being hit with heavy penalties if they are not careful in ensuring fund compliance."
AUTHOR
Nicholas O'Donoghue
Nicholas is a journalist for Money Management and Super Review. Nicholas has several years experience as a journalist, reporting and managing websites for various news publications covering the medical and pharmaceuticals sector.
Recommended for you
The impact of identity theft and its threat to superannuation savings were highlighted in a case that went before the Federal Court at the end of 2023.
A recent NSW Supreme Court decision is an important reminder that while super funds may be subject to restrictive superannuation and tax laws, in essence they are still a trust and subject to equitable and common law claims, says a legal expert.
New research from the University of Adelaide has found SMSFs outperformed APRA funds by more than 4 per cent in 2021–22.
The SMSF Association has made a number of policy recommendations for the superannuation sector in its pre-budget submission to the government.
TOP PERFORMING FUNDS
ACS FIXED INT - AUSTRALIA/GLOBAL BOND
Fund name
3y(%)pa
1
Spire Oaktree Opportunities XI Second Close
61.07 3 y p.a(%)
2
Spire Oaktree Opportunities XI First Close USD
59.21 3 y p.a(%)
3
DomaCom Lot 21 Chellaston Road Munno Para West SA 5115 Australia
32.57 3 y p.a(%)
4
Fidante Credit Suisse Global Private Equity
32.09 3 y p.a(%)
5
DomaCom 4/27 Crombie Avenue Bundall QLD 4217 Australia
27.42 3 y p.a(%)
