Super Review Magazine - March 2010

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T H E L E A D I N G I N D E P E N D E N T J O U R N A L FO R T H E S U P E R A N N U AT I O N A N D I N S T I T U T I O N A L F U N D S M A N A G E M E N T I N D U S T RY March 2010

Volume 24 - Issue 2

Bringing SMSFs into the fold The Government will find itself under pressure to bring SMSFs under APRA jurisdiction in circumstances where even those servicing the sector believe SMSFs require closer and more consistent supervision.

6 COOPER REVIEW Industry bands together to begin fight back

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12 CMSF PREVIEW Remembering the lessons of the past to prepare for the future

Print Post Approved PP255003/01111

14 FUND PERFORMANCE Retail master trusts enter greener pastures

18 EQUITIES OUTLOOK Fund managers refuse to get carried away For the latest news, visit superreview.com.au COMPANY INDEX

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NEWS

capable of monitoring the majority of SMSFs”. It said that as a result, [the ATO] relied heavily on approved auditors to manage SMSF compliance. “It is therefore critical for approved auditors to possess the necessary knowledge and skills required to undertake their duties, especially in relation to the specific Superannuation Industry (Supervision) Act (SIS) regulatory requirements,” it said. The submission said that the anecdotal evidence, and statements made by the ATO, suggested this was not always the case. While IFSA has not supported removing SMSFs from the ATO’s regulatory supervision, it has argued that there should be stronger oversight by the regulators of SMSF service providers. PriceWaterhouseCoopers (PWC) reflected the broad industry view when it claimed the current system of shared regulation by APRA and the ATO, together with all superannuation funds being subject to the same supervisory legislation, “results in inefficiencies and some confusion”. It said the current SIS legislation is often difficult to interpret in relation to SMSFs and it is sometimes unclear whether

ressure is mounting on the Federal Government via the Cooper Review to have self-managed superannuation funds (SMSFs) moved under the regulatory oversight of the Australian Prudential Regulation Authority. While the Superannuation Professionals’ Association of Australia, which provides specific industry coverage of SMSFs, is highly resistant to having the sector removed from the regulatory jurisdiction of the Australian Taxation Office (ATO), a majority of submissions filed with the Cooper Review support common regulatory oversight of superannuation, including SMSFs. Support for common regulatory oversight is strongest among industry fund submissions, with the Investment and Financial Services Association (IFSA) and planning groups supporting continued regulation of SMSFs by the ATO. However, even with respect to IFSA and the planning groups, there is a strong push for the trustees of SMSFs to be held to higher standards. Even Commonwealth Bank Wealth Management’s submission to the review has argued that notwithstanding further resourcing of the ATO to better supervise SMSFs, “the ATO is not 3

EDITORIAL

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CMSF PREVIEW

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In some instances the ATO has been unable or unwilling to provide guidance to trustees on the operation of the rules to SMSFs.

EQUITIES OUTLOOK

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APPOINTMENTS

certain provisions apply to SMSFs or are meant to apply only to larger funds. “In our view, in the absence of a separate Act governing the supervisory rules for SMSFs, some redrafting of the SIS legislation, or separate guidance, would provide greater clarity on which rules apply to SMSFs and which do not,” the PWC submission said. “It is also our view that there should be one regulatory team devoted to SMSFs. We believe that the ATO could more effectively regulate the SMSF sector if the supervisory legislation was better distinguished between the rules applying to SMSFs and those applying to other funds. “Overall, in our experience, the regulation of SMSFs by the ATO has been largely effective, but in some instances the ATO has been unable or unwilling to provide guidance to trustees on the operation of the rules to SMSFs, or to exercise discretion on certain supervisory matters without also considering APRA’s position.” SR 23

EVENTS

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