Corporate trustees in self-managed superannuation funds (SMSFs) are being reminded to pay their annual review fee to the Australian Securities and Investments Commission (ASIC) or run into difficulties.
Over 65% of SMSFs had a corporate trustee and it could be costly if a company’s status became de-registered which could occur if a fee was left unpaid.
This would result in the SMSF no longer having a trustee.
It would also mean:
“While it may be possible to subsequently re-instate the corporate trustee, this will be a time consuming and costly exercise process. And, once re-instated will subsequently be followed by the need to claim back any monies that were paid to ASIC,” the SMSF Association said.
It recommended trustees ensured their details were up to date with ASIC to ensure they received their annual statement.
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.