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Issue 115, 17 November 2005

Welcome to the latest issue of Thomson’s Tax & Accounting Insight, your free news service for tax and accounting professionals.

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Dumping super taxes more popular than income tax cut: ASFA

According to research commissioned by the Association of Superannuation Funds of Australia Limited (ASFA), 75% of people questioned said they’d prefer to get rid of the superannuation contributions tax, rather than another income tax cut of $6 per week. ASFA, therefore, claims that removing the contributions tax on super would be a popular choice and would do far more for our ageing population and likely future needs than another round of personal tax cuts.

The research also uncovered a substantial appetite for higher retirement savings. In a key finding, three in ten people said they would consider salary sacrifice and five in ten would consider trading part of a future wage increase for more super. This figure rose to three in four if the government were to match their super contributions up to a certain amount.

In this regard, the research also revealed that there was a high awareness (80%) among the respondents to the super co-contribution introduced by the government in 2003/04, with 11% reporting that they had personally received it. However, the research also showed there is a strong case for broadening its reach.

ASFA concludes that the results of the research point to what needs to be done to encourage saving for retirement, namely:

  • abolish the super contributions tax;

  • encourage government to consider expanding the co-contribution arrangements to help raise savings among middle income earners; and

  • examine the current impediments to saving via salary sacrificing.

The results of the research can be viewed on the ASFA website — click here

This article first appeared in Thomson’s Super News Alert. For more information, click here.

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Call for simpler super choice as cases of ‘mis-selling’ revealed

The shadow Minister for Superannuation, Senator Nick Sherry, claims that the ‘Super Choice’ legislation is badly designed, too complex and unsafe. This follows a Senate Committee hearing with the regulator, ASIC, on 9 November 2005, in which the following examples of superannuation ‘mis-selling’ were revealed:

  • a couple with $6,110 in a fund convinced to roll into a new fund were charged a total of $1,157.52, or 19%, in exit and entry fees, plus a $5,719 a year new insurance fee;

  • a man switched within a fund and was charged a 3% entry fee when no switch had occurred;

  • a woman with $26,000 in a fund switched at a cost of $782 based on an advised need for extra insurance required when no such insurance was necessary; and

  • a man switched from an existing fund with low fees into a new fund with higher fees and a 4.5% entry fee based on an advised need for $250,000 insurance when no such insurance was necessary.

In addition, Senator Sherry claims that the central protection of ‘disclosure’ in the form of the issuing of a 50–100 page disclosure statement is useless. As a result he claims ASIC ends up playing catch-up, struggling to prevent mis-selling after it occurs. He also said that it was very worrying that only one case heard by the Senate Committee resulted from consumer complaint.

Accordingly, Senator Sherry argues for a simpler and safer ‘Super Choice’ regime that includes simple, standard and readable disclosure statements of no more than two to three pages. In addition, he has called for tougher regulation on some types of fees such as exit and entry fees.

This article first appeared in Thomson’s Super News Alert. For more information, click here.

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Accounting bodies’ standard for financial advice

CPA Australia and the Institute of Chartered Accountants in Australian (ICAA) have released a joint professional standard governing the provision of financial advice by their members.

While the standard (Statement of Financial Advisory Service Standards (APS 12)) does not mandate the use of fee-for-service in the provision of financial advice, it states that fees should be the ‘preferred method of remuneration’. Importantly, the standard bans advisers from receiving certain gifts and sponsorship as a result of achieving specific sales targets, known as ‘soft dollar commissions’. In addition, the standard bans heavy initial-fee discounting to avoid recovery through subsequent higher fees and commissions.

ICAA Manager Financial Planning and Superannuation, Hugh Elvy, said the introduction of these standards will assist the profession to meet its obligation to uphold the public interest by ensuring the highest quality of advice.

CPA Australia Financial Planning Manager, Chris Benson, said members of the professional accounting bodies will be required to:

  • provide clients with a terms-of-engagement agreement that clearly outlines fees, deliverables and timeframes prior to commencement of work;

  • provide clients with clear terms that explain the cost of the initial and ongoing advice;

  • disclose buyers of last-resort arrangements, as such arrangements are often linked to preference for certain products; and

  • fully disclose any conflicts of interest that cannot otherwise be avoided.

Date of effect

The standard is effective from 1 November 2005. The professional bodies warn that failure to comply with the standard may lead to disciplinary proceedings.

APS 12 is available on the ICAA website at <http://www.icaa.org.au/upload/download/APS12_Oct05.pdf>, and on the CPA Australia website at <http://www.cpaaustralia.com.au>.

This article first appeared in Thomson’s Superannuation & Financial Services Bulletin. For more information, click here.

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Thomson special offers and product alert

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