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S14 Remaining unlicensed? How to operate in practice now · SMSF Tax, compliance & audit Simple...
Transcript of S14 Remaining unlicensed? How to operate in practice now · SMSF Tax, compliance & audit Simple...
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Kath Bowler
Founder and CEO
Licensing for Accountants
S14 Remaining unlicensed? How to operate in practice now
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Unlicensed Accountants
What now…?
L4A.com.au
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Objectives for today
L4A.com.au
• Help you understand where the licensing line is
• Tips on how to make licensing work – for unlicensed accountants
• What if you change your mind?
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Let your business model drive your decision
L4A.com.au
Client needs
Business
Tax, compliance and audit
Transaction processing
Business advisory
Structural advice
SMSF
Tax, compliance & audit
Simple strategic advice
Complex strategic advice
Investment advice
Insurance advice
Individual
Tax advice
Super advice
Non-super advice
Investment advice
Insurance advice
Structural advice
Does not require AFSL licensing
Requires licensing
May require licensing
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L4A.com.au
Where is the licensing line?
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L4A.com.au
Advice/service without licensing
Advice/service with licensing
The licensing line
No advice
Doesn’t relate to a financial product
Strategic advice Recommend
establishing & closing down SMSFs
• Investment recommendations
• Insurance recommendations
Broad asset allocation
Tax advice
Trad. a/c activities
1 July 2016
Product advice
• Pensions, borrowings, death benefits
• Rollover advice
• TTRs
• Investment recommendations
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L4A.com.au
Advice/service without licensing
Advice/service with licensing
The service/ advice
Factors youconsider
• Implementation on client instruction only R7.1.29(3)(f)
• Client instructiononly
The service/ advice
Factors youconsider
• Advice to establish
• Implementation
• Is an SMSF appropriate
• What about the existing fund
• What about alternative structures
Example - SMSF Establishment
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L4A.com.au
Advice/service without licensing
Advice/service with licensing
Example - Contributions (end of year tax planning)
The service/ advice Factors youconsider
Options to reduce tax:• Super contributions• Distributions to a
family trust• Immediate tax write
offs• Delay receipt of
revenue
• Tax
The service/advice
Factors youconsider
• How much thecontribution should be
• Tax• Current super
balance • Desired super
balance• Other uses for
the money
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L4A.com.au
Advice/service without licensing
Advice/service with licensing
Example - Pensions
The service/ advice
Factors youconsider
• Advising a client about minimum and maximum pension amounts
• Compliance requirements
The service/advice Factors youconsider
• The recommendedpension amount
• Current super balance
• Desired income• Life expectancy• Intentions for the
super fund (spend, bequest)
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L4A.com.au
Advice/service without licensing
Advice/service with licensing
Binding death benefit nominations
The service/advice Factors youconsider
Identify ways to distribute super:• Binding death
benefit nomination• No nomination• Reversionary
beneficiary
• Tax
The service/advice Factors youconsider
• Recommend a Binding Death benefit nomination
• Tax• Client goals• Current family
situation• Who should be
the beneficiary
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L4A.com.au
Are you staying behind the line?
• Are you really only giving tax advice?
• Have you provided an appropriate disclaimers?
• If the client has not sought advice elsewhere, is there any implied advice?
• How would the client relay the conversation to friends/family?
• General advice is defined in the legislation – AND it’s over the line (ie: it requires licensing)
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L4A.com.au
Advice/service without licensing
Advice/service with licensing
Key principles to follow
1 July 2016
- Be reactive
- Provide compliance advice only
- Act on client instruction
- Only take tax into account- Be pro-active
o Ask questions
o Make suggestions
o Provide alternatives
- Provide an endorsement
- Take personal circumstances into account
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Understanding the Licensing Line
L4A.com.au
Our top tips to make it work
• Understand the exemptions that remain, and their limitations
• Free resource - Financial advice and Regulations: Guidance for the accounting profession
How we can help
• Licensing Line webinar (pre-recorded). Includes:
Dual obligations manual
Assessment option for CPD points
Cost - $399 incl. GST (webinar + one assessment)
Additional assessments - $99 each incl. GST
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L4A.com.au
How to make licensing work –for unlicensed accountants
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How to make licensing work -for unlicensed accountants
L4A.com.au
1. Be clear about what you do – and do not offer, and communicate that to your clients
2. Review your referral relationships
3. Be wary of providing ‘execution only’ services
4. Document, document, document
You can’t do what you’ve always done
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Services you can and cannot offer
L4A.com.au
Client needs
Business
Tax, compliance and audit
Transaction processing
Business advisory
Structural advice
SMSF
Tax, compliance & audit
Simple strategic advice
Complex strategic advice
Investment advice
Insurance advice
Individual
Tax advice
Super advice
Non-super advice
Investment advice
Insurance advice
Structural advice
Does not require AFSL licensing
Requires licensing
May require licensing
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Communicating to your clients
L4A.com.au
Our tips to make it work
• Review your website for any misleading information
• Send a letter to all SMSF clients advising them of any changes to your current service
• Prepare some FAQs on why you decided not to become licensed
How we can help
• Template client letter
• Email [email protected] to receive a free copy of the letter
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Review your referral options
L4A.com.au
In-house options
1. Someone in the practice becomes licensed
2. Recruiting someone to provide a licensed service
More traditional models
1. Formal external partner/JV
2. Informal external partner
3. Panel approach
Emerging models
1. Outsourced for SMSF specialist advice
2. Direct (Robo advice)
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Be wary of ‘execution only’ services
L4A.com.au
Our tips to make it work
• Obtain copies of advice SOAs, if they exist
or
• Have client sign a letter that you recommended they seek advice – and they declined to do so
USE SPARINGLY & WISELY
How we can help
• Our template letters cover some ‘execution only’ services, including SMSF Set ups
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Documenting your services
L4A.com.au
Our tips to make it work
• Ensure you use disclaimers
• Use emails instead of file notes – so the client has a record of the conversation
• Refer to external websites (ATO, ASIC) for factual information
How we can help
• Library of template letters available (currently 12). Includes:
SMSF accounting engagement letter
Licensing assessment tool
Cost - $88 per month (incl GST)
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L4A.com.au
What if you change your mind?
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Let your business model drive your decision
L4A.com.au
Client needs
Business
Tax, compliance and audit
Transaction processing
Business advisory
Structural advice
SMSF
Tax, compliance & audit
Simple strategic advice
Complex strategic advice
Investment advice
Insurance advice
Individual
Tax advice
Super advice
Non-super advice
Investment advice
Insurance advice
Structural advice
Does not require AFSL licensing
Requires licensing
May require licensing
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Licensing options
L4A.com.au
Limited Licence
• That ship has sailed – for now
• 3 years experience requirement now required for Responsible Managers of a Limited Licence
Your options
• Become authorised (at least initially)
• Hire someone with the necessary experience
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Authorised representative – your options
L4A.com.au
INSTITUTIONAL PRIVATELY OWNED
Royston Capital
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Choosing a licensee – key factors
L4A.com.au
1. Geographic location
2. Referrals
3. Level of authorisation
4. How advice templates are prepared
5. Operational support
6. Transition support
7. A good ‘cultural’ fit
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Choosing a licensee – other factors
L4A.com.au
• Initial training requirements
• Their understanding of accountants
• Do they want you to be an adviser or a referral source
• Client ownership (BOFR/BOLR)
• Credit licensing
• Compliance with APES230
• Cost
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Objectives for today
L4A.com.au
• Help you understand where the licensing line is
• Tips on how to make licensing work – for unlicensed accountants
• What if you change your mind?
Unlicensed Template Solution – Online Demonstration
Friday, 29th July: 11am – 12 noon
Ph: 1300 930 328 or email [email protected]
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Thankyou
L4A.com.au
Licensing for Accountants has taken reasonable care in producing the information found in this presentation at the time of writing. However, the information contained in this document provides a general guide to our services only. Changes in circumstances may occur at any time and may impact on the accuracy, reliability or completeness of the information and we exclude liability for any decision taken on the basis of the information shown in or omitted from this presentation.
© Licensing for Accountants Pty Ltd ABN 61 600 665 254
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