Why your SMSF assets need to be in the right name

If you know you have superfund assets in the wrong name (or think you might), today’s blog article is just for you. It sounds obvious, but this simple mistake or oversight could have some pretty devastating consequences, and we want to help you nip them in the bud. 


The issue. 


In case you didn’t already know, SMSFs have compliance obligations, encompassing eight core trustee covenants. For example, this includes a requirement that trustees keep fund money and assets separate from personal assets. 


If a covenant is breached, the trustees risk being sued… Now you’re starting to see why the name thing is so important, right? Additionally, the assets in your SMSF are protected from your creditors. However, that protection only works if SMSF trustees ensure the accounts and investments of the fund are held in the correct name. The main areas you need to watch out for in terms of name correctness are property purchases with your SMSF, share purchases, crypto currency purchases and bank accounts of your SMSF. 


Long story short… 


If the fund has individual trustees, purchase contracts and assets must be held in the name of all the individual trustees as trustees for the superfund. Where a company is used, the assets must be held in the name of the company as trustee for the superfund. 


A word on changing titles. 


Incorrect names often appear with SMSF details due to an unregistered name change, which is usually an innocent oversight. If you need to change a trustee, you have to ensure the fund's bank accounts and investments are updated as well. When an asset is acquired by the SMSF, the documentation must note the change of ownership and record the change of name or title. 


Changing the asset title can be overlooked where the SMSF has individual trustees. A common misunderstanding is where an asset is held personally, and the individuals are also trustees of the SMSF, that no further action is required. This isn’t the case — trustees must ensure contracts and transfer documents are completed. These must clearly show the change in ownership to the SMSF. 


Need name help? 


A number of people setup share accounts incorrectly in their own names, and not correctly in SMSF. If you even have the smallest niggling doubt, get advice from a professional. They’ll help you understand the correct wording of your SMSF structure and ensure all documentation is filled in correctly. Talk to us about your SMSF, and if necessary, we can connect you to trusted legal professionals at the same time.

Need help with your accounting?

Find Out What We Do
September 15, 2025
From 1 July 2025, interest on ATO tax debts won’t be deductible. This could add big costs—but smart planning now can ease the cash flow hit.
September 15, 2025
ATO is targeting WFH claims, car deductions, rental expenses & crypto. Our blog shows how to maximise deductions legally & avoid penalties.
September 15, 2025
Selling in 2025? Small details can make or break your price—but most pitfalls are avoidable. Read our blog to boost your property’s value.
August 13, 2025
If your business provides a car to an employee (or you’re the business owner/employee using it), there’s a good chance the Fringe Benefits Tax (FBT) rules apply. A car fringe benefit arises when a car owned or leased by an employer is made available for the private use of the business owner, an employee or their associate (such as a family member). “Private use” doesn’t just mean weekend road trips — it can include everyday commuting and even cases where the car is parked at an employee’s home, making it available for personal trips. Understanding how FBT is calculated and what records to keep is essential for compliance — and for avoiding paying more tax than necessary. What counts as a “car” for FBT purposes? The FBT law defines a car as a motor vehicle (except a motorcycle or similar) designed to carry less than one tonne and fewer than nine passengers. From 1 July 2022, some zero or low-emission vehicles are exempt from FBT, provided they meet certain criteria — for example, they must be first held and used after 1 July 2022 and must not have attracted Luxury Car Tax. Electric vehicle running costs, such as charging, are also exempt when the vehicle itself qualifies. Two main methods for calculating FBT on cars There are two ways to calculate the taxable value of a car fringe benefit. 1. Statutory formula method This method applies a flat 20% statutory rate to the base value of the car, adjusted for the number of days in the FBT year the car was available for private use. The formula is: (A × B × C ÷ D) − E A = Base value of the car (cost price plus GST and certain accessories, less registration, stamp duty and eligible reductions) B = Statutory fraction (generally 20%) C = Days available for private use D = Total days in FBT year (365) E = Employee contributions If the car has been owned for at least four full FBT years, the base value can be reduced by one-third. 2. Operating cost method This method calculates the taxable value by applying the private use percentage to the total operating costs of the car (actual and deemed costs). The formula is: Taxable value = [Operating costs × (100% − Business use %)] − Employee contributions Operating costs include: Fuel, oil, repairs, maintenance, registration and insurance Lease costs (for leased cars) Deemed depreciation (25% diminishing value) and deemed interest for owned cars Certain costs, such as tolls, car parking and insurance-funded repairs, are excluded. The business use percentage is determined by odometer readings, logbook records, and a reasonable estimate based on usage patterns. The three-month logbook requirement (operating cost method only). If you use the operating cost method, you must keep a logbook for at least 12 continuous weeks (roughly three months) to record: The date of each trip Odometer readings at the start and end Total kilometres travelled Whether the trip was for business or private purposes The purpose of each business trip This logbook is generally valid for five years, but you must start a new one if usage patterns change significantly (e.g., a role change, relocation or different duties). You also need to record odometer readings at the start and end of each FBT year. Why record-keeping matters. Keeping accurate records can support a higher business use percentage (and therefore a lower FBT bill). They also ensure you claim only legitimate business kilometres and help you provide evidence if the ATO reviews your FBT calculation. Finally, your records help you decide which calculation method (statutory or operating cost) is more tax-effective. Key takeaways for businesses and employees. If a car is available for private use, FBT may apply — even if the car isn’t driven often for personal trips. Electric cars may be FBT-exempt if they meet eligibility criteria, but you may still need to calculate their taxable value for reporting purposes. The operating cost method often works better if business use is high — but only if you have a compliant logbook. Keep odometer readings, expense records and a valid logbook to support your claims. Need help with your FBT obligations? Get it at Ascent Accountants. We guide business owners through every step of FBT compliance — from choosing the right valuation method to maintaining the right records for ATO peace of mind. If you provide cars to employees or use a company vehicle yourself, now is the time to review your FBT position before the next FBT year rolls over. Let’s talk .
August 13, 2025
Hey FIFO workers. You work hard for your money. Let’s make it work hard for you this EOFY. Tax time it’s your chance to set yourself up for long-term financial security. From deductions and super to loan reviews and goal setting, our FIFO EOFY checklist can help you turn your hard-earned income into lasting wealth.
August 13, 2025
Zoning can shape your property’s value, development potential and future income. Whether you’re buying, selling or investing in WA, understanding R-Codes is a must. Read the full blog to get the facts.
More Posts