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suz2(Champion)Champion
30 July 2024

I have just spent weeks updating my Trust Deed , when the time would have been better spent reviewing my investments. It would seem that very little of what you can do is unregulated. My auditor refused to pass my fund until I had updated the DEED because the ATO had made a recent change to contribution rules. I have not made contributions for 10 years. This is just regulation gone crazy. So, do I have to continue to update to not breach the regulations.?

Most Deeds just re phrase the regulations , so why not just simply say, run in accordance to regulations, specify investment choices , death benefits, in specie transfers and wind up and leave it at that. The ATO has 191 page document on how to run an SMSF which is a better guide than the TRUST DEED. I do have a single member SMSF and I can see that more than 1 member may need more detail in the Trust Deed.

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1,772 views
5 replies

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TobyJDodd(Devotee)Registered Tax Professional
30 July 2024

Hi @suz2


What section/regulation was the auditor going to qualify you for?


Im not aware of a legal requirement to update the deed.


I note it is best practice to review the deed every year and failing to update the deed may lead the trustees to commit to an inadvertent breach of current legislation as the deed may allow something that is now not longer permitted.


Toby

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Most helpful reply

TobyJDodd(Devotee)Registered Tax Professional
30 July 2024

Hi @suz2


What section/regulation was the auditor going to qualify you for?


Im not aware of a legal requirement to update the deed.


I note it is best practice to review the deed every year and failing to update the deed may lead the trustees to commit to an inadvertent breach of current legislation as the deed may allow something that is now not longer permitted.


Toby

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SMSF and trust deeds, is it non-compliance to not be up to date | ATO Community