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SMSFs investing in crypto assets

ATO advice for SMSFs thinking about investing in crypto assets

The ATO recommends that trustees of self-managed super funds (‘SMSFs’) thinking about investing in crypto assets should seek professional advice from a licensed financial adviser.

There are organisations that offer trustees help to set up a fund or use their existing fund to invest in crypto assets.  However, the ATO notes that some of these organisations are not licensed to provide financial advice, which means the usual consumer protections and access to the Australian Financial Complaints Authority (‘AFCA’) are not available for using these services.

There are many things to consider before deciding to invest in crypto assets, so it’s important to get it right, especially since trustees are ultimately responsible for ensuring the investment complies with the super and tax laws.

When investing in crypto assets, trustees must ensure it is allowed under the fund’s trust deed, is made in accordance with the fund’s investment strategy, and the trustee has considered the level of investment risk given the highly volatile nature of the investment.

From a regulatory perspective it’s important that:

  • The crypto assets are owned by the fund and are held separately from the trustee’s own personal or business assets.  This means the fund must have its own digital wallet, separate to any used by the trustee for personal or business purposes.
  • The investment is valued at market value in line with the ATO’s valuation guidelines.
  • Any crypto assets that a member or related party hold personally are not sold to the fund or transferred to the fund as a contribution.
  • The investment is consistent with the sole purpose test and does not involve the giving of financial assistance to a member.

Superannuation is one of those areas that can be compared to a cart on a rollercoaster. Performance is constantly affected by the economic climate and shifting legislation that alter the benefits individuals and businesses can gain from superannuation funds. Please don’t hesitate to contact us if you would like to know more about establishing your personalised super fund.

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Justin Flavel

Managing Director

Justin’s experience spans across 20 years in accounting, financial analysis and general business practice.

Although born and bred on the land, Justin’s interest was more in spreadsheets, ledgers, and finance which led him to attend university. In 1992, Justin graduated with a Bachelor of Business majoring in Accounting and Finance. As well as qualifying as a CPA member and becoming a Fellow of the Taxation Institute of Australia, he began gaining practical experience in small and mid-tier accounting practices.

During the late 90s, Justin decided to expand his horizons and travel through Europe. It was during this time that he seized the opportunity to expand his knowledge on the workings of large organisations by taking on roles in multinational corporations.

Today, Justin’s passion is in facilitating businesses to grow and evolve. His focus is on acting in the role of business mentor to help clients develop the full potential of their businesses. He joins clients on their unique journey, and provides the tools and knowledge they need along the way to make the right decisions.

Justin’s aim for his clients parallels his own philosophy and personal journey—focusing on his own career growth and business success while maintaining balance in his life with his wife and three daughters.

Omnis Group Managing Director - Justin Flavel