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Elements and Performance Criteria

  1. Identify and explain taxation requirements for fund structures and adviser role to the trustee
  2. Identify and explain implications for contributions to the trustee within the scope of adviser authority
  3. Identify and explain implications for fund income/assets to the trustee
  4. Identify and explain implications for benefits to the trustee

Required Skills

Required skills

highly developed communication skills to

liaise with others share information using questioning and active listening as required

use language and concepts appropriate to cultural differences

welldeveloped numeracy and IT skills to

use a range of mathematical ideas and techniques related to taxation

perform calculations related to taxation implications

access and use appropriate software such as word processors spreadsheets and databases

use internet information

welldeveloped literacy skills to read and interpret documentation from a variety of sources and record and consolidate related information

interpersonal skills to relate effectively within a team environment

organisational skills including the ability to plan and sequence work

research and analysis for

accessing interpreting and managing complex information

comprehending selfmanaged superannuation fund SIS legislation

identifying relevant legislation and regulations relevant to each client

assessing the accuracy and relevance of information

selfmanagement skills for complying with ethical legal and procedural requirements

learning skills to maintain knowledge of changes to compliance legislation and requirements

problem solving skills to address compliance and taxation issues

judgement skills for forming recommendations in operational situations

Required knowledge

ATO requirements regarding selfmanaged superannuation funds

capital gains treatment for investment earnings accumulation and pensions

fund residency and complying status for tax purposes

general taxation of investment earnings accumulation and pension

PAYG and GST considerations relating to selfmanaged superannuation funds

Superannuation Industry Supervision SIS Act and key legislative requirements regarding selfmanaged superannuation funds

superannuation surcharge considerations and reporting issues

tax deductions available to and taxation of income streams from selfmanaged superannuation funds

taxation treatment of

selfmanaged superannuation funds contributions

complying and noncomplying pensions taxation and social security issues

death benefits lump sum and pension issues

franking credits accumulation and pensions

reserves and residual fund assets

rollovers including in specie issues

Evidence Required

The Evidence Guide provides advice on assessment and must be read in conjunction with the performance criteria required skills and knowledge range statement and the Assessment Guidelines for the Training Package

Overview of assessment

Critical aspects for assessment and evidence required to demonstrate competency in this unit

Evidence of the ability to

interpret and apply SIS legislation ATO guidelines and legislation regarding selfmanaged superannuation funds

explain fund taxation requirements and implications for contributions and benefits

identify and explain implications for fund income and assets

Context of and specific resources for assessment

Assessment must ensure

competency is demonstrated in the context of the work environment and conditions specified in the range statement either in a relevant workplace or a closely simulated work environment

access to and the use of a range of common office equipment technology software and consumables

access to organisation financial records

access to organisation policies and procedures

Method of assessment

A range of assessment methods should be used to assess practical skills and knowledge The following examples in combination are appropriate for this unit

evaluating an integrated activity which combines the elements of competency for the unit or a cluster of related units of competency

observing processes and procedures in workplaces

verbal or written questioning on underpinning knowledge and skills

evaluating samples of work

accessing and validating third party reports

setting and reviewing workplace business simulations or scenarios

Guidance information for assessment


Range Statement

The range statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording, if used in the performance criteria, is detailed below. Essential operating conditions that may be present with training and assessment (depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts) may also be included.

Sources of taxation information may include:

ATO

Australian Securities and Investments Commission (ASIC)

courts

dealers

existing or proposed trust deeds

fund managers

industry bodies

legislation

licensees

professional associations

regulations

relevant Commonwealth, State and Territory Government organisations

self-managed superannuation fund specialists.

Taxation and other requirements may include, as amended:

anti-discrimination legislation

Corporations Act

Family Law Legislation Amendment Superannuation Act

Financial Services Reform Act (FSRA)

Income Tax Assessment Act

industrial legislation

Insurance Act

Privacy Act

Retirement Savings Account Act

stamp duty legislation

Superannuation (Resolution of Complaints) Act

Superannuation (Unclaimed Moneys and Lost Members) Act

Superannuation Contributions Tax (Assessment and Collection) Act (surcharge)

Superannuation Guarantee (Administration) Act (SGAA)

Superannuation Industry (Supervision) Act (SIS)

Superannuation Industry (Supervision) Regulations

trade practices legislation

Trustee Acts or Trust Acts in each State and Territory

other relevant State or Territory and Commonwealth legislation.

Investment restrictions may include:

acquiring assets from 'related parties' parties of the fund

borrowing by superannuation funds

certain specified investments after 11 August 1999

existing investments at the 11 August 1999

in-house assets

investments made between 11 August 1999 and December 1999

lending to members and their relatives

making and maintaining investment on an arm's length basis

related party of a fund.

Risk may include:

divorce

exceeding age-based limits

exceeding RBL limit.

Adviser may include:

all natural persons who provide self-managed superannuation fund advice to individuals or self-managed superannuation fund trustees

any representative of a licensee

employee or owner.

Restriction and identification of allowable credits are provided in tax advice legislation and may include:

foreign taxation credits

franking credits.

Deductions may include:

accountants' fees

auditors' fees

financial planning fees

insurance

investment manager fees

legal fees.