The fact that self-managed superannuation funds (SMSFs) are not reporting entities for the purposes of Anti-Money Laundering/Counter Terrorism Financing (AML/CTF) regulations makes them more likely to be used for money laundering and terrorism financing purposes.
The Association of Superannuation Funds of Australia (ASFA) made this claim in a submission to the Australian Transaction Reports and Analysis Centre (AUSTRAC), welcoming amendments to reporting rules ending the use of the so-called Simplified Trustee Verification Procedures (STVPs) by SMSFs.
ASFA said that while it recognised that the majority of SMSFs were fully compliant and managed in accordance with the legislative framework in which they operated, there had been historical instances of fraud and/or criminal abuse perpetrated through SMSFs.
“As such, we support the proposed amendments that will require reporting entities to conduct a full customer identification procedure when dealing with SMSFs,” the submission said.
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.