Register For Our Mailing List

Register to receive our free weekly newsletter including editorials.

Home / 375

SMSFs during COVID-19 and your 14-point checklist

Every SMSF trustee should take the time to review the fund's status as an assessment of its compliance as well as its overall health. The annual audit is like a medical check-up of your fund, especially given the unique challenges COVID-19 brings.

To make life a little easier, here's a 14-point checklist to start you on your way.

1. Check the trust deed

Check the trust deed to ensure it is properly executed and ensure the trusteeship and membership align. When a company is trustee, all members must be directors (the principle exception is single-member funds). With individual trustees, all must be members of the fund (again, single-member funds are the main exception).

2. Review the fund’s investment strategy

Check if the fund’s investment strategy is fit for purpose, especailly given the recent (and probably continuing) market volatility. Don’t only look at the fund’s Strategic Asset Allocation (its long term ‘benchmark’ risk/return nexus). Consider the fund’s ability to take short-term positions away from the benchmark.

3. Documentation due to COVID-19 early access to super

This is the $10,000 tax-free lump sum payable to fund members who have been adversely impacted by COVID-19 (or $20,000 if utilied twice). It is a self-assessed lump sum, but make sure you are eligible for the payment, as the ATO will police this scheme and penalties apply to those who abuse it.

Documentation that shows a loss of employment or a reduction in earnings will be important for the auditor to verify accessibility to the scheme.

4. Make sure the assets are registered in the correct name

We are often asked, “What about a term deposit commencing when the fund had individual trustees? Now we’ve changed to a corporate trustee, the financial institution says the ownership of the term deposit will change if the investment is registered in the name of the new company, and accrued interest will be lost. What will the auditor think about this?”

In these situations, a Declaration of Trust may need to be signed by the trustee to satisfy the auditor, stating the term deposit is not registered in the name of the trustee.

5. Record assets at market value

Assets must be recorded at market value and it’s up to the trustees to provide the valuation. Market valuations are important for:

  • Determining pension payments for the year
  • Determining the level of in-house assets
  • Payment of lump sums (member accounts need to be valued before a lump sum can be paid)
  • Other scenarios, such as estate planning and retirement decisions.

The ATO has published helpful guidelines on valuation of assets.

6. Limited Recourse Borrowing Arrangements (LRBAs)

An SMSF can borrow to invest in assets under strict conditions, usually for property. For example, the property must be held in the name of the holding trust trustee, not the SMSF trustee. Not also that:

  • The impact of COVID-19 on rental incomes, contributions by members or other fund income may affect the SMSF’s ability to make loan repayments.
  • If a commercial lender has provided a loan deferral, document it to ensure the auditor understands why loan repayments are not being made. Where the lender is a related party, loan deferrals must mirror commercial practices and be undertaken on an arm’s length basis.
  • Ensure the actual amendment to loan terms is documented and retained for audit and other purposes.

7. Related party transactions must be at arm's length

Acquisition prices of assets, such as transfers of shares or property, must be at market value, otherwise Non-Arm’s Length Income (NALI) provisions may apply. These provisions ensure assets not acquired at market value will be subject to tax on income and any future realised capital gains at the top marginal tax rate, irrespective of whether the fund is in pension mode. The ATO is also targeting non-arm’s length expenses, where a related party provides a service to their SMSF and does not charge the fund a commercial rate regarding the expense.

8. In-house assets no more than 5% of overall assets

An in-house asset, in general terms, is:

  • A loan to, or an investment in, a related party of the fund
  • An investment in a related trust of the fund
  • An asset of the fund subject to a lease or lease arrangement between the trustee of the fund and a related party of the fund.

In-house assets cannot be more than 5% of the fund’s total assets and are measured on 30 June each year.

Ordinarily, the trustees would need to put in place a rectification plan to bring the in-house asset back to within the 5% limit by 30 June 2021. COVID-19 may mean funds with in-house assets breach the limit, so the ATO has stated they may not take any compliance action if the rectification plan is not executed by 30 June 2021. The plan would still need to be in place, however, and this is something the auditor is going to want to see.

9. Check the contribution restrictions

The types of contributions your SMSF can accept are restricted by several factors:

  • The age and employment status of the member
  • The amount of contributions, known as the contributions cap
  • The member’s Total Superannuation Balance on 30 June of the previous financial year (affecting the member’s eligibility to non-concessional contributions, spouse contributions and government co-contributions).

10. Fund expenses cannot be of a personal nature

Expenses can only be paid by the fund where they relate to the running of the SMSF and the tax invoice is in the name of the SMSF. No expenses of a personal nature can be paid by the fund.

11. Assemble your benefit payments documentation

Make sure documentation relating to a benefit payment (lump sum or pension) is in place. Pensions must be paid in cash. Lump sums can, however, be paid in-specie. At this stage, if you have paid more than your reduced COVID-19 minimum, you cannot refund the excess back to your fund.

12. Documentation requirements due to COVID-19 - pension reduction

Trustees need to document a member’s decision to take the reduced pension minimum. The auditor will require this to see why the ordinary minimum was not drawn from the fund in the 2020 financial year.

13. Documentation requirements due to COVID-19 - rent relief

The ATO and the auditor will not take compliance action where an SMSF landlord gives a related party tenant rent reduction in 2020 and 2021 financial years.  However, the rent relief must be due to the impact of COVID-19 and must be on arm’s length terms.

14. Check actuarial certificates and determine if your fund is subject to the disregarded small fund assets rule

The rules changed in the 2017/18 financial year and your fund will not require an actuarial certificate if:

  1. It has been 100% in pension mode for the entire financial year
  2. It is not subject to the 'disregarded small fund assets' rule.

Disregarded small fund assets are where:

  • Any member of the SMSF has retirement phase assets of at least $1.6 million
  • The asset does not need to be in the SMSF
  • Measured as at 30 June the previous financial year.

So, if $1 million is in pension mode in your SMSF and you also have, say, $600,000 in an industry fund also paying you a pension as at 30 June 2019, the SMSF will be subject to the 'disregarded small fund assets rule' in the 2020 financial year. It will require an actuarial certificate, even though the certificate will say the fund was 100% in pension mode (and thus not subject to tax on earnings). This requirement will probably not apply from 1 July 2021, as a change was mooted in the 2019 Federal Budget.

 

There are many benefits from the control and cost advantages of running your own SMSF, but it also comes with responsibilities to work with your administrator and auditor to ensure it remains compliant.

 

Nicholas Ali is Executive Manager, SMSF Technical Services at SuperConcepts, a sponsor of Firstlinks. This article is for general information purposes only and does not consider any individual’s investment objectives.

For more articles and papers from SuperConcepts, please click here.

 

RELATED ARTICLES

Clime time: Asset allocation decisions for SMSFs

SMSF trustees who question their capacity and look for options

Every SMSF trustee should have an Enduring Power of Attorney

banner

Most viewed in recent weeks

Australian house prices close in on world record

Sydney is set to become the world’s most expensive city for housing over the next 12 months, a new report shows. Our other major cities aren’t far behind unless there are major changes to improve housing affordability.

The case for the $3 million super tax

The Government's proposed tax has copped a lot of flack though I think it's a reasonable approach to improve the long-term sustainability of superannuation and the retirement income system. Here’s why.

Tariffs are a smokescreen to Trump's real endgame

Behind market volatility and tariff threats lies a deeper strategy. Trump’s real goal isn’t trade reform but managing America's massive debts, preserving bond market confidence, and preparing for potential QE.

The super tax and the defined benefits scandal

Australia's superannuation inequities date back to poor decisions made by Parliament two decades ago. If super for the wealthy needs resetting, so too does the defined benefits schemes for our public servants.

Meg on SMSFs: Withdrawing assets ahead of the $3m super tax

The super tax has caused an almighty scuffle, but for SMSFs impacted by the proposed tax, a big question remains: what should they do now? Here are ideas for those wanting to withdraw money from their SMSF.

Getting rich vs staying rich

Strategies to get rich versus stay rich are markedly different. Here is a look at the five main ways to get rich, including through work, business, investing and luck, as well as those that preserve wealth.

Latest Updates

SMSF strategies

Meg on SMSFs: Withdrawing assets ahead of the $3m super tax

The super tax has caused an almighty scuffle, but for SMSFs impacted by the proposed tax, a big question remains: what should they do now? Here are ideas for those wanting to withdraw money from their SMSF.

Superannuation

The huge cost of super tax concessions

The current net annual cost of superannuation tax subsidies is around $40 billion, growing to more than $110 billion by 2060. These subsidies have always been bad policy, representing a waste of taxpayers' money.

Planning

How to avoid inheritance fights

Inspired by the papal conclave, this explores how families can avoid post-death drama through honest conversations, better planning, and trial runs - so there are no surprises when it really matters.

Superannuation

Super contribution splitting

Super contribution splitting allows couples to divide before-tax contributions to super between spouses, maximizing savings. It’s not for everyone, but in the right circumstances, it can be a smart strategy worth exploring.

Economy

Trump vs Powell: Who will blink first?

The US economy faces an unprecedented clash in leadership styles, but the President and Fed Chair could both take a lesson from the other. Not least because the fiscal and monetary authorities need to work together.

Gold

Credit cuts, rising risks, and the case for gold

Shares trade at steep valuations despite higher risks of a recession. Amid doubts that a 60/40 portfolio can still provide enough protection through times of market stress, gold's record shines bright.

Investment strategies

Buffett acolyte warns passive investors of mediocre future returns

While Chris Bloomstan doesn't have the track record of his hero, it's impressive nonetheless. And he's recently warned that today has uncanny resemblances to the 1990s tech bubble and US returns are likely to be disappointing.

Sponsors

Alliances

© 2025 Morningstar, Inc. All rights reserved.

Disclaimer
The data, research and opinions provided here are for information purposes; are not an offer to buy or sell a security; and are not warranted to be correct, complete or accurate. Morningstar, its affiliates, and third-party content providers are not responsible for any investment decisions, damages or losses resulting from, or related to, the data and analyses or their use. To the extent any content is general advice, it has been prepared for clients of Morningstar Australasia Pty Ltd (ABN: 95 090 665 544, AFSL: 240892), without reference to your financial objectives, situation or needs. For more information refer to our Financial Services Guide. You should consider the advice in light of these matters and if applicable, the relevant Product Disclosure Statement before making any decision to invest. Past performance does not necessarily indicate a financial product’s future performance. To obtain advice tailored to your situation, contact a professional financial adviser. Articles are current as at date of publication.
This website contains information and opinions provided by third parties. Inclusion of this information does not necessarily represent Morningstar’s positions, strategies or opinions and should not be considered an endorsement by Morningstar.