The SMSF Experts with Shelley Banton

Shelley Banton
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Join Shelley Banton, Head of Technical at ASF Audits, as she and fellow guests analyse the topics and news stories around SMSF and turn these complex issues and legislation into everyday language.

  1. 16 SEPT

    Fixing Underpaid Pensions in SMSF Software with Sean Johnson

    In this episode of the SMSF Experts Podcast, Shelley chats with Sean Johnson, SMSF specialist at Heffron, to tackle one of the industry's most pressing challenges: how to process underpaid pensions through SMSF software following the ATO's June 2024 changes to TR 2013/5. With software companies unable to update their systems for the new rules, Sean reveals a three-step processing solution that SMSF practitioners need to navigate. Sean explains why the rule changes have created a new software paradigm, requiring practitioners to process funds several times to accommodate the competing requirements of tax law, SIS law, and contractual obligations. From calculating ECPI values to managing TBAR entries and tax component adjustments, this episode provides a step-by-step framework for managing underpaid pensions through SMSF administration software. (02:00) June 2024: The ATO Changes TR 2013/5 (04:00) Old vs New Rules - Why Pension Failures Now Span Multiple Years (08:00) The Tax vs SIS Law Problem - Competing Legal Frameworks (10:00) The Fundamental Challenge for SMSF Software Companies (12:00) Timeline of Reporting Requirements: What Happens When (16:00) The TBAR Dilemma  (20:00) Why Prevention is Better Than Cure - The Case for Data Feeds (24:00) Post-Balance Date Action Plan - Moving Fast After 30 June (27:00) Member Account Strategies - The Return of Multiple Pensions (30:00) The Three-Step Processing Solution - Framework Overview (32:00) Processing Step One - Calculating TBAR Values & ECPI (34:00) Processing Step Two - Obtaining the Pro-Rata Minimum Values (37:00) Processing Step Three - Accumulation Accounts and Tax Component Adjustments (40:00) Handover Challenges - What Happens When Clients Change Administrators (42:00) Financial Advice Considerations - The Difference Between Providing Compliance and Advice? (43:00) Audit Implications - Account-Based Pensions vs Accumulation TRIS (46:00) Estate Planning Impacts - When Failures Ruin Tax Strategies Follow Shelley: Linkedin For more episodes and to sign up for the ASF Audits newsletter, please visit asfaudits.com.au

    49 min

  2. 13 AUG

    Behind the Scenes of SMSF Fraud with Sharlene Anderson

    In this episode of the SMSF Experts Podcast, Shelley chats with Sharlene Anderson, Director of Veritas Forensics and registered company auditor, to expose the uncomfortable truth about SMSF fraud. From Melissa Caddick's doctored CommSec statements to Trio Capital's sophisticated $180 million heist, Sharlene reveals why the real problem isn't how clever fraudsters are—it's how trusting Australians are. Sharlene shares insights from over 15 years of experience as they discuss everything from AI-generated documents to crypto scams and referral networks that look legitimate until you dig deeper. Shelley and Sharlene explain why SMSFs are particularly vulnerable targets and how professional scepticism across auditors, accountants, and advisors is crucial for protection. (01:24) From Audit to Forensics - Sharlene's Journey into Fraud Investigation (02:48) Why "It Happens to Other People" is Dangerous in SMSFs (04:12) Australian Trust Culture - Why We're Perfect Targets for Fraudsters (05:12) The Professional Gap - When Trustees Act Without Consulting Experts (07:24) The Psychology of Victims - Why Intelligent People Fall for Scams (10:24) Red Flags and Professional Scepticism - What to Look For (13:12) Sophisticated vs Simple Scams - Caddick, Trio Capital and Storm Financial (16:00) How Trio Capital Exploited Regulatory Loopholes (18:24) The Demographics Problem - Why SMSF Members Are Vulnerable (20:12) The Ponzi Playbook - How Small Investments Become Big Losses (23:24) The Insurance Gap - Why SMSFs Don't Have Safety Nets (25:12) AI and Technology - The New Frontier of Fraud (28:00) Professional Obligations - Auditors vs Accountants in Fraud Detection (30:24) Trustee Behaviour Red Flags - Timing and Document Anomalies (35:24) The Litigation Reality - Who Pays When Fraud Happens (37:24) Fee Pressure vs Quality - The Dangerous Race to the Bottom (40:48) The Future of SMSF Fraud in an AI World (43:00) War Story - The $300,000 Family Betrayal Follow Shelley: Linkedin For more episodes and to sign up for the ASF Audits newsletter, please visit asfaudits.com.au

    47 min

  3. 8 JUL

    Unpacking AI for SMSFs with Andy Forbes

    In this episode of the SMSF Experts Podcast, Shelley chats with Andy Forbes, CTO at SuperConcepts, to demystify the role of Artificial Intelligence (AI) in the SMSF industry. They discuss the impact of AI on jobs, its capability to automate mundane tasks, and the potential to revolutionise SMSF administration. Andy also shares insights into the technical aspects of AI, security measures to safeguard client data, and the challenges of implementing effective SMSF software solutions. This episode is a must-listen for anyone interested in the intersection of technology and financial services.   (03:57) The Intersection of AI and SMSF Administration (06:19) AI's Impact on Employment and Future Work (07:25) The Future of Coding in an AI-Driven World (13:45) Navigating AI's Limitations and Best Practices (23:10) Understanding Client Requests and AI's Role (23:31) Challenges and Limitations of AI (24:34) Security in Software Systems (25:12) Importance of External Audits and Certifications (26:31) Client Data Security and Privacy (27:59) Credential Stuffing Attack and Client Education (32:43) Handling Underpaid Pensions with SMSF Software (35:47) Balancing Automation and Human Expertise (41:44) Future Trends in SMSF Software Development Follow Shelley: Linkedin For more episodes and to sign up for the ASF Audits newsletter, please visit asfaudits.com.au

    46 min

  4. 3 JUN

    The Pitfalls of Underpaying a Pension with Peter Crump

    In this episode of the SMSF Experts Podcast, Shelley breaks down the often-overlooked issue of underpaying a pension in self-managed super funds. While it may seem minor, failing to meet pension payment requirements can lead to serious compliance and financial consequences. To help unpack this complex topic, Shelley is joined by Peter Crump, Senior Consultant in Private Wealth at BDO Adelaide. With over 35 years of experience advising the SMSF sector and high-net-worth clients, Peter brings deep insight into the evolving regulatory landscape and the significant changes recently introduced around pension underpayments. Together, they explore the rules that govern pensions, why even small errors matter, and what trustees need to do to stay compliant in light of the new rules.   [03:45] – What is a Pension in an SMSF? [06:00] – Minimum Pension Standards & Why They Matter [08:00] – Consequences of Underpayment [10:30] – Taxable vs Tax-Free Components [12:00] – Are Payments Still Valid if You Miss the Minimum? [13:45] – Why Underpayments Happen [15:15] – Direct Debits & Best Practices [17:00] – ATO Relief: The 1/12 Rule [20:00] – ATO Discretion & Trustee Mistakes [23:00] – Upcoming Rule Changes in 2025 [26:30] – Timing & Repercussions of the New Rules [30:00] – Backdating & Legal Risks [32:00] – Auto-Correction Clauses: Useful or Risky? [35:00] – Administrative Challenges for Accountants [38:30] – Software, Tagging & Reporting [40:00] – ATO’s Motivation for the Change Follow Shelley: Linkedin For more episodes and to sign up for the ASF Audits newsletter, please visit asfaudits.com.au

    42 min

  5. 29 APR

    How Case Law Impacts SMSFs with Bryce Figot

    In this episode of THE SMSF Experts, Shelley is joined by Bryce Figot, special counsel at DBA Lawyers, to discuss the significant impact of case law on SMSF trustees and compliance obligations. With over 21 years of experience in tax and superannuation, Bryce shares insights on landmark cases like Hill v. Zuda, Katz v. Grossman, and the consequences for SMSF professionals and auditors. Shelley and Bryce dive into how these legal precedents have shaped best practices, estate planning, and the nuances of trustee responsibilities within the SMSF industry.   (01:16 The Fascination with Self-Managed Super Funds (02:20 Championing SMSF Auditors (04:15 Case Law Impact on SMSFs: Hill vs. Zuda (11:52 Katz vs. Grossman: Trustee Discretion and Family Disputes (21:02 Aussiegolfa vs. Commissioner of Taxation (21:43 The Sole Purpose Test and In-House Asset Rules (25:42 Penalties and Compliance in SMSFs (30:16 Auditors' Responsibilities and Landmark Cases (34:34 The Melissa Caddick Case and Settlement Insights Follow Shelley: Linkedin For more episodes and to sign up for the ASF Audits newsletter, please visit asfaudits.com.au

    42 min

  6. 3 APR

    Is Crypto a Complying SMSF Asset? with Caroline Bowler

    In this episode of the SMSF Experts, Shelley sits down with Caroline Bowler, CEO of BTC Markets, to explore the controversial yet fascinating role of cryptocurrency in SMSFs. With over 17 years of experience in financial services and a deep expertise in blockchain and digital assets, Caroline shares valuable insights on whether crypto qualifies as a complying SMSF asset. They delve into regulatory challenges, investment strategies, and the broader impact of digital assets on the industry.   (00:31) Diving into Cryptocurrency (02:25) Understanding Blockchain and Bitcoin (03:42) The Evolution of Money and Value (04:52) Bitcoin's Global Relevance (07:55) Real-World Applications of Crypto (10:54) Tokenisation and the Future of Digital Assets (21:29) Regulatory Challenges and Scams (26:54) Building a Regulatory Framework for Crypto (27:52) Impact of Global Regulations on Crypto Prices (28:41) Australia's Need to Catch Up in Crypto Regulation (30:23) Challenges and Opportunities in Crypto Investment (35:24) Understanding Crypto Wallets and Security (39:46) Risks of Complex Crypto Products for Trustees (45:15) The Potential of NFTs Beyond Digital Art Follow Shelley: Linkedin For more episodes and to sign up for the ASF Audits newsletter, please visit asfaudits.com.au

    53 min

  7. 21 MAR

    Protecting the Elderly in an SMSF with Louise Biti

    In this first episode of the new 2025 series, Shelley delves into the critical issue of elder protection within SMSFs. With alarming statistics from the AIFS National Elder Abuse Study revealing significant incidents of elder and financial abuse, the episode highlights the urgency of safeguarding elder SMSF members. Special guest Louise Biti, Director of Aged Care Steps and a seasoned expert with over 25 years in the industry, shares her invaluable insights and strategies to address these pressing challenges. (00:30) Understanding Elder Abuse in SMSFs (01:01) Meet Louise Biti: Aged Care Expert (03:32) Personal Insights on Retirement Planning (04:47) Challenges of Navigating Aged Care for Parents (06:42) The Role of Advisors in Aged Care Planning (11:59) Red Flags and Cognitive Aging (17:14) Elder Abuse in SMSFs: Risks and Realities (23:31) Inheritance Impatience: A Form of Elder Abuse (25:47) Supported vs. Substituted Decision Making (26:46) Role of Enduring Power of Attorney (27:24) Handling Subjective Decisions (28:36) Supporting Decision Making (29:24) Dealing with Elder Abuse (31:04) Understanding EPOAs (33:16) Appointing an EPOA (36:31) Joint EPOAs: Pros and Cons (38:24) New Aged Care Act and Financial Implications (42:31) Importance of Professional Advice (44:35) Real-Life Elder Care Scenarios   Follow Shelley: Linkedin For more episodes and to sign up for the ASF Audits newsletter, please visit asfaudits.com.au

    50 min

  8. 09/12/2024

    Insights Into In-House Assets with Lyn Formica

    In this episode, we explore the ins and outs of in-house assets within self-managed super funds. Lyn Formica, Head of Education and Content at Heffron SMSF Solutions, joins Shelley to explain the regulations, benefits, and risks involved in helping SMSF trustees make informed decisions. With over 30 years of experience providing technical advice to SMSF professionals, Lynn offers valuable insights into managing these assets effectively. (03:31) Understanding In-House Assets (05:29) Exceptions to In-House Assets (06:39) Challenges with Overseas Assets (08:16) Market Valuations and In-House Assets (11:43) Related Parties and In-House Assets (14:32) Trustee Responsibilities for In-House Assets (21:13) Understanding Trust Legislation and Tainting (22:11) Timing and Compliance with ATO Rules (22:56) Dealing with NALI Provisions and Exiting Investments (24:40) Navigating Trustee Changes and Death Benefits (27:02) Section 85: Anti-Avoidance Provisions (34:01) Advising Clients on In-House Assets (39:58) War Stories and Real-Life Examples   Follow Shelley: Linkedin For more episodes and to sign up for the ASF Audits newsletter, please visit asfaudits.com.au

    43 min
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Join Shelley Banton, Head of Technical at ASF Audits, as she and fellow guests analyse the topics and news stories around SMSF and turn these complex issues and legislation into everyday language.

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