health insurance

Navigating SMSFs and Insurance

Key Rules and Essential Considerations

If you’ve chosen to manage your own SMSF, it’s likely you’re also proactive and responsible regarding insurance.

Whether you currently hold life insurance outside super or within an existing super fund, starting an SMSF requires attention to your insurance strategy.

SMSF trustees must assess whether to obtain suitable insurance coverage for each fund member as part of developing their investment strategy.

What are the rules?

Legally, all SMSFs must prepare a documented investment strategy during setup.

This strategy—including any insurance coverage—must be regularly reviewed by the fund’s trustees to ensure it aligns with members’ evolving needs and circumstances. Compliance with this investment strategy is checked annually by a licensed SMSF auditor.

In 2015, the Federal Government’s Super System Review found that SMSF members were more likely to hold insurance outside super compared to members in other superannuation sectors. Consequently, SMSFs are not required to provide default insurance for members as many public sector funds do.

However, SMSF trustees still need to carefully consider each member’s financial situation to determine if they have adequate insurance coverage. Key considerations include:

  • Current debt levels of members
  • Whether members have dependents and, if so, how those dependents could be financially supported in the event of the member’s death or inability to work.

What types of insurance cover can SMSFs provide?

SMSFs are permitted to offer any insurance cover that aligns with one of these superannuation conditions of release:

  • Death (life insurance)
  • Permanent incapacity leading to the member’s permanent cessation of work (total and permanent disability insurance or TPD)
  • Temporary incapacity that causes the member to stop working temporarily (income protection insurance)
  • Terminal illness diagnosis (by two medical professionals) indicating likely death within two years, generally included as a feature in life insurance policies.

Note: With TPD insurance, insurers apply different definitions and features. A key distinction in TPD policies is occupation type, with two options:

  1. ‘Own occupation’ provides benefits if the member cannot work in their specific role
  2. ‘Any occupation’ offers benefits only if the member is unable to work in any gainful role they are reasonably suited for.

SMSFs cannot hold ‘own occupation’ TPD policies unless issued before 1 July 2014, as policies issued after this date must meet a condition of release to ensure proceeds are accessible before members reach preservation age. The ‘any occupation’ definition aligns with the permanent incapacity condition, so it is the permissible definition.

Each of the above conditions of release allows a fund member to access their super funds regardless of reaching preservation age.

Once you determine the insurance cover type you need, you can weigh the benefits of holding it within your SMSF, an existing super fund, or personally, outside super.

Ensure your SMSF’s insurance strategy meets legal standards and protects your members — review your coverage options and compliance obligations today.

CONTACT ALLAN HALL SUPERANNUATION

stopwatch countdown to deadline

$3 Million Super Tax in Limbo

Senate Delays Raise Doubts Over Timing and Impact

The Better Targeted Super Concessions Bill which includes the $3 million superannuation tax, faces further uncertainty as it has not been scheduled for debate in the Senate this month. 

The Australian government’s proposal to impose an additional 15% tax on superannuation balances exceeding $3 million is progressing through the legislative process.

The draft legislation, introduced to Parliament on 30 November 2023, was referred to the Senate Economics Legislation Committee, which tabled its report on 10 May 2024. The report recommended the bill be passed without changes.

The proposed tax, scheduled to take effect on 1 July 2025, aims to apply a 30% concessional tax rate to future earnings for superannuation balances above $3 million.

Implications for Super Fund Members

The delay raises doubts about whether the bill will be passed before the end of the parliamentary sitting year. The Senate’s draft schedule, released last Friday, does not include the bill for debate.

This change is expected to impact approximately 80,000 individuals, or 0.5% of superannuation account holders. Without Senate approval this year, there are concerns about insufficient time for affected super fund members to restructure their arrangements. 

Members with superannuation balances nearing or exceeding $3 million are encouraged to stay informed and consult financial advisors about potential impacts on their retirement planning.

CONTACT ALLAN HALL SUPERANNUATION

Businessman flying

Super clearing house end-of-year dates

Please note the ATO’s annual office shutdown dates impacting the Small Business Superannuation Clearing House.

As the ATO approaches their annual office shutdown, these are the key dates to be aware of for the Small Business Superannuation Clearing House (SBSCH):

  • 5:30 pm AEDT on 10 December 2024 – all super payments with instructions received after close of business on this date will be processed from 2 January 2025
  • 28 January 2025 – super guarantee quarterly payments due.

The ATO and their contact centres will close at noon Tuesday 24 December 2024 and re-open at 8:00 am Thursday 2 January 2025, local time.

For the latest information about the SBSCH and ATO Online system maintenance schedule, please check SBSCH system status and system maintenance.

CONTACT ALLAN HALL BUSINESS ADVISORS

Compliance cogs

Developing a Compliant and Effective SMSF Investment Strategy

Your SMSF investment strategy  

Managing a Self-Managed Super Fund (SMSF) requires a well-structured investment strategy to ensure that retirement goals are met and the fund meets the ‘sole purpose test’.  

This test requires the fund to be maintained solely for the purpose of providing retirement benefits to members or their dependants if the member dies before retirement.   

All investment decisions need to be made in the members’ best interests and also to meet the sole purpose test. The decisions regarding how the funds are invested need to be documented in the investment strategy. 

As per Australian superannuation laws, trustees must develop, implement and regularly review the SMSF investment strategy, ensuring it aligns with the fund’s objectives and its members’ circumstances: 

  • Reflect Member Needs: Circumstances change; make sure the strategy still fits members’ retirement goals and risk profiles 
  • Adapt to Market Changes: Markets shift; adjust the strategy to reflect current economic conditions and protect fund performance 
  • Audit Readiness: Avoid potential audit issues by ensuring the strategy matches actual investments, preventing any compliance breaches 
  • Fund Future-Proofing: Use this review to plan for the next financial year, adjusting for diversification, liquidity and evolving fund goals. 

An SMSF investment strategy must consider crucial factors, including risks, diversification, liquidity and insurance coverage for members. It should address how the fund will make, hold and realise assets in a way that meets members’ retirement needs, factoring in their age, employment status and risk appetite. The strategy must be tailored to the fund’s unique circumstances and must go beyond simply restating legislative requirements. 

Trustees are free to choose their investment types, provided they comply with superannuation laws. However, placing all investments in one asset class can lead to concentration risk, especially if the asset is leveraged. To mitigate such risks, trustees should outline how the strategy addresses the lack of diversification and ensures the fund’s long-term stability. 

Regular reviews of the investment strategy are essential 

Significant events like market changes or members transitioning to pension phase should prompt a review to ensure liquidity and cash flow needs are met. Additionally, trustees must demonstrate that these reviews have taken place, with documented evidence available for auditors. 

Auditors will assess whether the SMSF has a compliant investment strategy and if it was adhered to throughout the year. In case of breaches, trustees must rectify the situation promptly to avoid penalties or disqualification. 

For expert advice on creating or reviewing an SMSF investment strategy, trustees should consult a licensed financial adviser to ensure the strategy’s effectiveness in meeting retirement goals. 

The fund’s accountant is generally not able to provide this but can assist trustees to complete a compliant template to create a suitable investment strategy for the fund. 

CONTACT ALLAN HALL SUPERANNUATION

super

ATO Recovers Unpaid Super as part of Employer Compliance

ATO highlights of 2023–24 year

Highlights of super guarantee (SG) annual employer compliance results for 2023–24.

The ATO’s report underscores their commitment to collecting employees’ superannuation entitlements by ensuring employers meet their SG obligations. It also highlights the significant impact of compliance activities and employer engagement in recovering unpaid superannuation for employees.

Highlights of the 2023–24 financial year are:

  • Employers are paying more than 92.4% of the SG they are required to, without ATO intervention
  • A total of $1.91 billion in superannuation guarantee charge (SGC) liabilities was collected through ATO compliance, proactive reminders and prompts, and employer voluntary disclosures of unpaid SG, for over 1.13 million employees
  • $932 million was distributed to employee funds and individuals from liabilities raised for current and prior financial years, for 797,000 employees
  • Approximately 23,600 SG cases were finalised, resulting in $659 million SGC liabilities and $300 million in Part 7 penalties being raised
  • 167,000 employers received proactive ATO actions including reminders and prompts to check their obligations, raising $240 million in SGC liabilities:
    • 100,000 reminders to employers
    • 67,000 prompts to employers
  • Employers made voluntary disclosures of unpaid super, resulting in around $539 million in SGC liabilities being raised.

It is best to take swift action on an outstanding tax debt

For those unable to pay their full obligations, payment plans can be set up through the ATO’s online services. It is important to note that taxpayers with debts under $200,000 can request these arrangements online through their tax agent or independently.

In cases of genuine financial hardship, there are additional options available, including deferred payments and interest remissions. However, address any outstanding issues proactively to avoid further penalties.

The ATO has also begun a phone campaign to recover debts

Remain cautious and never disclose personal information, such as tax file numbers or credit card details, over the phone. Always request a call reference and independently contact the ATO using a publicly listed number for verification.

If you have any concerns regarding the legitimacy of ATO communications, contact Allan Hall Business Advisors. Our team is here to help you navigate these changes and ensure that your business remains compliant with the latest tax obligations.

For more information, or if you have concerns about unpaid tax, please contact Allan Hall Business Advisors.

CONTACT ALLAN HALL BUSINESS ADVISORS

Related reading

contribute to Superannuation

Time to review Industry Super?

Red Flags in Industry Super Spark Scrutiny

A news article highlights concerns about governance, accountability and service standards within Australia’s $4 trillion superannuation industry.

Recent litigation by ASIC against Cbus Super for delays in death and disability claims has brought attention to systemic issues in the sector. These include allegations of fiduciary duty breaches by trustees, lack of a binding code of conduct, and governance conflicts tied to union affiliations on boards.

Key issues

  • Transparency and regulatory oversight remain insufficient, leaving members vulnerable
  • Some funds have begun addressing service issues by insourcing claim management and improving processes
  • However, the broader sector faces scrutiny for its handling of members’ retirement savings.

If you’re in an industry super fund, now is the time to review your arrangements.

To explore alternatives, including the benefits of an SMSF, reach out to Allan Hall Financial Planning for expert advice tailored to your retirement goals.

CONTACT ALLAN HALL FINANCIAL PLANNING 

Related reading

managing debt

Updated ATO approach to Unpaid Tax and Super obligations

Revised approach targets businesses failing to respond to unpaid tax and Employer Superannuation obligations, plus Individuals with unpaid taxes.

Key points

  • Intensified focus on businesses that ignore unpaid tax and employer superannuation obligations
  • Stricter actions for businesses and individuals not responding to reminders, including SMS and letters
  • Prompt action urged to avoid penalties.

The ATO has emphasised that businesses and individuals failing to meet their tax obligations not only jeopardise their own financial health but also pose risks to other small businesses and employees.

As a result, the ATO is implementing a more targeted strategy aimed at businesses that refuse to respond or set up payment plans.

Key Changes to ATO Debt Collection

The ATO’s revised approach includes:

  • Director Penalty Notices (DPNs): Directors of businesses with outstanding Goods and Services Tax (GST), Pay As You Go (PAYG) withholding, or superannuation guarantee charge (SGC) obligations who fail to engage will face quicker action, including the issuance of DPNs. Directors of multiple companies may receive DPNs that cover all related entities.
  • Garnishee Notices: The ATO may issue garnishee notices to financial institutions, employers or other businesses that hold funds for non-compliant companies or individuals.
  • Engaging External Debt Collection Agencies: From January 2024, the ATO has engaged Recoveries Corp to assist in the collection of overdue debts. Anyone who receives a call from debt collectors are urged to remain vigilant and verify the authenticity of the communication.

It is best to take swift action on an outstanding tax debt. For those unable to pay their full obligations, payment plans can be set up through the ATO’s online services. It is important to note that taxpayers with debts under $200,000 can request these arrangements online through their tax agent or independently.

In cases of genuine financial hardship, there are additional options available, including deferred payments and interest remissions. However, address any outstanding issues proactively to avoid further penalties.

The ATO has also begun a phone campaign to recover debts.

Remain cautious and never disclose personal information, such as tax file numbers or credit card details, over the phone. Always request a call reference and independently contact the ATO using a publicly listed number for verification.

If you have any concerns regarding the legitimacy of ATO communications, contact Allan Hall Business Advisors. Our team is here to help you navigate these changes and ensure that your business remains compliant with the latest tax obligations.

For more information, or if you have concerns about unpaid tax, please contact Allan Hall Business Advisors.

CONTACT ALLAN HALL BUSINESS ADVISORS

Further reading

  1. ATO changing approach to collecting unpaid tax and super »
  2. Find out what happens if you don’t pay your ATO debt »
  3. Director penalties »
running a business

Running an SMSF publication now available

Managing Your SMSF: A Comprehensive Guide for Every Stage

From contributions to reporting, this guide offers essential insights for those running their SMSF.

If you are thinking of starting an SMSF or already have an SMSF you should refer to this publication. It provides guidance on:

  1. contributions and rollovers
  2. managing investments
  3. paying benefits
  4. administering and reporting.

This ATO publication completes the suite of lifecycle publications and complements two existing publications Starting a self-managed super fund and Winding up a self-managed super fund.

Looking for the latest news for SMSFs? 

You can stay up to date by visiting our SMSF News or by speaking with our specialist SMSF Team.

CONTACT ALLAN HALL SUPERANNUATION

mother

Superannuation Boost for Paid Parental Leave

A Step Toward Gender Equity in Retirement Savings 

The Paid Parental Leave Amendment (Adding Superannuation for a More Secure Retirement) Bill 2024 marks a pivotal step in addressing the gender gap in retirement savings.  

Economists, industry advocates and employers have welcomed this reform, praising it as a long-overdue measure to improve women’s financial security and help close the gender gap in retirement savings.

By ensuring that Paid Parental Leave includes super contributions, the Bill acknowledges the reality that caregiving responsibilities should not come at the cost of a secure retirement. 

Employers please note: 

  • The new Bill takes effect from 1 July 2025 
  • Amendment provides eligible parents with an additional 12% of their Paid Parental Leave as a super contribution 
  • This contribution will be in line with the SG rate and will increase over time with any future adjustments to the legislated rate. 

Introduced as part of the Government’s broader reforms, this Bill extends superannuation contributions to Paid Parental Leave, providing financial support for families and working parents, particularly women. 

The new Bill, which takes effect on 1 July 2025, directly addresses this gap by providing eligible parents with an additional 12% of their Paid Parental Leave as a super contribution. This contribution will be in line with the Superannuation Guarantee (SG) rate and will increase over time with any future adjustments to the legislated rate. For many families, this change could amount to a super contribution of up to $3,150, a significant boost that will grow as the Paid Parental Leave scheme reaches 26 weeks by 2026. 

This amendment builds on previous government efforts to strengthen the superannuation system, ensuring that more Australians, particularly women, can look forward to a dignified retirement. Alongside reforms to improve the flexibility, duration and income thresholds for Paid Parental Leave, this change underscores the importance of supporting working families both at the time of birth and in the long term. 

As this Bill takes effect, it represents a significant investment in the future of working women, ensuring that their contributions—both in the workplace and at home—are recognised and valued, setting a new standard for financial equity in Australia. 

CONTACT ALLAN HALL BUSINESS ADVISORS

Background

For decades, women — who make up the majority of primary caregivers — have faced financial setbacks after becoming parents. Research shows that, on average, women experience a 55% reduction in earnings during the first five years of parenthood, a loss that compounds over time. This drop in income, coupled with the compounding effects of superannuation contributions based on lower wages, has left women retiring with around 25% less super than men.