ATO assistance for SMSFs through COVID-19
27 April 2020
Whilst the ATO and the Government have released measures as part of their response to the COVID-19 which was initially aimed at businesses and individuals, there is some relief for SMSFs.
Reduction in the minimum pension drawdown
As part of this economic response to the coronavirus, the Government announced in their early actions the temporary reduction to the minimum pension drawdown for account-based pensions, transition to retirement pensions (TRIS), allocated pensions and market-linked pensions. Not included are defined benefit pensions such as lifetime or fixed term complying pension products.
This will see a 50% reduction to the minimum pension drawdown requirement for 2019-20 and 2020-21 financial years.
The measure will benefit retirees by reducing the need of potentially having to sell investments to fund their minimum drawdown requirements, due to many retirees losing a significant portion of their super balance as share markets plunged due to this current COVIS-19 crisis.
Temporary rental relief
One of the great benefits of SMSFs is the ability to acquire business real property and enter into an arm’s length lease agreement between SMSF and related party.
If your SMSF has a property and a tenant in financial distress, you may be able to provide your tenant with rental relief under an agreed commercial arrangement. This even is the case when the tenant is a related party.
Ordinarily, charging a tenant a price that is less than market value in an SMSF is usually a breach of superannuation laws.
However, the ATO have provided guidance which allows SMSF landlords to provide for a reduction in or waiver of rent because of the financial impacts of the COVID-19.
For the 2019-20 and 2020-21 financial years, the ATO will not take action where an SMSF gives a tenant – who may also be a related party – a temporary rent reduction during this period.
If this occurs however it is crucial that documentation is put into place to ensure compliance is met, such as:
- Ensure the relief only applies to rent and that the reduction in rent is only temporary.
- The financial difficulty faced by the tenant is linked to the financial impacts of COVID-19
- Clear arrangements which detail the amount of discount, waiver or deferral of the rent relief is reasonable and consistent with an approach taken by an arm’s length landlord.
- Ensure the trustees of the SMSF has proper documentation which allows the auditor of the fund to be satisfied that the temporary rent relief satisfies all of the above; this may be in a form of a minute, renewed updated lease agreement to reflect the temporary change in rental terms between landlord and tenant
- Even if you are both the tenant and landlord, the above should all be documented
LRBA repayments
As the banks are offering loan repayment concessions to businesses, individuals and LRBA SMSF arrangements are also been considered.
In relation to also providing concessions for SMSF related Party LRBA’s, you may be able to provide your LRBA with relief under an agreed commercial arrangement.
Ordinarily, not paying market interest rates in an SMSF is usually a breach of superannuation laws. However, the ATO have provide guidance which allows SMSF’s with an LRBA to negotiate a reduction in or waiver of interest payments because of the financial impacts of the COVID-19.
If the repayment relief reflects similar terms to what commercial banks are currently offering for real estate investment loans as a result of COVID-19, the ATO will accept the parties are dealing at arm’s length.
But there are some important things you should ensure are in place when you are providing a loan (LRBA) concession, especially when this is a related party.
- Ensure the relief only applies to the related party loan
- Ensure that the concessions are temporary; this means it should have an agreed period of time or agreed date where the loan concessions are reviewed in light of the economic circumstances
- The financial difficulty faced by the SMSF is linked to the financial impacts of COVID-19
- Clear arrangements which detail the amount of discount, waiver or deferral of the loan concession with proper documentation which allows the auditor to be satisfied that the concession satisfies all of the above.
These are extraordinary times and the ATO is providing this guidance in temporary rental reduction and LRBA repayment guidance to allow SMSF trustees to be flexible and agile. If trustees act in good faith in implementing a reasonable and measured reduction because of the impacts of COVID-19 they should not fall foul of the law.
If you need assistance in any of these matters or discussion around whether this is the right action for you and your specific circumstances, please speak to your Business Advisor at our office on 1300 204 781.
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Starting From Scratch - Week 3: Behavioural Finance Watch the video on this page or listen to the podcast on our website, on Spotify or on Apple Podcasts. Listen to the full episode on the FS360 podcast . In the first two weeks of this series we covered the technical side of investing: the different ways to invest (direct shares, ETFs and managed funds), then risk versus return and the main asset classes. This week is about the human side. Even with the right knowledge and a well-built portfolio, the thing that most often derails investors isn't a lack of information. It's emotion. That's what behavioural finance is about: understanding the psychological influences behind our decisions to buy, sell or sit still. And one of the biggest things a financial planner can do for a client is simply keep them in check when emotions start to drive their money decisions. So, what is a bias? A bias is a mental shortcut. It feels logical in the moment, but over time it can lead to poor decisions. Traditional investment theory assumes we're all perfectly rational. We're not. Even the share market itself can be an irrational place. Take a large company that reports earnings slightly below expectations. The share price can fall several percent on the day, even though the underlying value of the business hasn't really changed. Plenty of investors sell on emotion rather than on the numbers. Here are the biases that matter most for people just starting out. Loss aversion: why a 10% fall hurts more than a 10% gain feels good Most of us feel losses more strongly than gains of the same size. It traces back to our fight-or-flight wiring: our first instinct is to avoid danger, and only then to chase reward. In investing, that often shows up as selling during a downturn just to stop the discomfort. We've seen it through the dot-com crash, the GFC, COVID and more recent geopolitical shocks. The trouble is that selling can lock in the loss, and it often leads to risk aversion as well. Having been burnt once, people become reluctant to go near growth assets again. Over 30 years, the gap between someone who stays invested and someone who keeps stepping out of the market is stark. Every time you sell and re-enter, you interrupt the compounding that does the heavy lifting. Recency bias: assuming the recent past will continue This one comes up all the time, and it can apply to nearly anything. Over the past 20 years, the top-performing asset class has very rarely been the same two years running. Last year's winner is not a forecast. The fix is simple, if not always easy: zoom out. You're probably investing for decades, so look at a longer sample than the last year or two. Confirmation bias: finding the evidence we like Almost everyone is guilty of this one if they're honest. Once we've decided something is a good idea, we go looking for reasons to back ourselves up and quietly ignore anything that suggests otherwise. A good antidote is to throw rocks at your idea. Write a list of reasons why you shouldn't do it. If the idea still stands up, that's a good sign. If it crumbles, you've just avoided an expensive mistake. Overconfidence: when an easy win goes to our head Recency bias, confirmation bias and overconfidence are really two pages of the same book. An easy win (a property that rose in value, a share that took off) makes us feel skilled when the market may have done most of the work. We then repeat the approach, seek out information that supports it, and take on more risk than we should. The flip side matters too. Someone who's been burnt before can lose all confidence, and doing nothing can be just as risky as doing too much. Herd mentality and FOMO "Everyone's doing it. Everyone seems to be making money. I'd better jump in before I miss out." That's herd mentality feeding fear of missing out, and social media has turned the volume up. Afterpay and Bitcoin are good examples. Both delivered extraordinary growth for a time, and plenty of people jumped in simply because they were so popular. But the herd doesn't know your goals or your timeframe, and by the time something is everywhere in the news, the best of the growth may already be behind it. Blindly trusting what others are doing, without doing your own research, is arguably one of the riskiest things you can do. Biases aren't always the enemy One of the most useful things to understand is that these biases aren't always bad. Take someone with $80,000 sitting in the bank for a house deposit. Their loss aversion is working in their favour, because a 10% fall in a growth asset could leave them short at settlement. For money you'll need in a year or two, the bank account may be exactly the right place for it. This ties back to Week 2. The same person might hold a superannuation balance invested for growth over decades, while their house deposit sits in cash. Different timeframes call for different strategies. Which is why the most important question isn't what to invest in. It's what you're investing for. How to keep your biases in check There's no way to switch your biases off. We're all human. But you can limit the damage. Build awareness. If you don't know these biases exist, it's hard to do anything about them. Learning to recognise them is step one, ideally before you start investing. Understand the why. Knowing which bias is at play helps you pause before acting. Challenge your own idea. Write the "why shouldn't I?" list. Throw the rocks. Match the money to the goal. Be clear on your timeframe before you invest a dollar. Put some systems in place. Research, automate your investing and diversify so no single call can do too much damage. Get an independent sounding board. Someone with no emotional skin in the game will naturally play devil's advocate better than you can. The last piece of advice: get a second opinion. Even a third or a fourth. Why this matters when you're starting out When your balance is $30,000 or $40,000, a few poor decisions might not feel like a big deal. But over 30 years, the difference between a good call and a bad one is huge. One way to make it tangible: the right decisions at 30 could be the difference between flying business class and flying economy in retirement. Jargon buster Behavioural finance: the study of how psychology and emotions influence financial decisions. Bias: a mental shortcut that feels logical but can lead to poor decisions. Loss aversion: feeling losses more strongly than equivalent gains. Risk aversion: avoiding risk, even when some risk is needed to meet your goals. Recency bias: giving too much weight to recent events. Confirmation bias: seeking information that supports what you already believe. Overconfidence bias: believing your knowledge or ability is greater than it really is. Herd mentality: following the crowd rather than making an independent decision. FOMO: fear of missing out. Homework for the week Write down one or two biases you think you show. They don't have to be about money. Next week What does it actually cost to invest? Brokerage, platform administration fees, investment costs and super fees, and how to compare a platform with a broker account. ------- Mentioned in the episode is Danny Archer's previous episodes on Behavioural Finance - these can be listened to on Apple, Spotify or here on our website - they are Episodes 58 and 61 of the FS360 Podcast by M Group. This article contains general information only and does not take into account your personal objectives, financial situation or needs. Speak to a licensed financial adviser before making any investment decisions.

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