Terms & Conditions
THESE ARE THE TERMS AND CONDITIONS FOR USE OF THIS SITE AND ACCESS TO THE MY SMSF DASHBOARD, AND THE SERVICES PROVIDED BY MY SMSF, CONTAINED ON THIS SITE.
1. MY SMSF / MY SMSF PROPERTY
- Do not give any warranty or make any representation as to the accuracy, reliability, completeness or security of the information contained on this site and as to changes in circumstances after the date of publication that may impact on the accuracy of the information
- May change and update the information from time to time
- Make no representation in relation to, and are not responsible in any way, for the content of any other site you access via this site. We own the copyright of the information on this site.
- The information in this website does not constitute a recommendation to invest in or take up any products or services
- Administration (accounting & auditing* is performed by a panel of tax agents and auditors )
- General Guidance on SMSF Setups and SMSF ongoing management -The guidance we provide you, should not be construed as particular financial product advice or personal advice, this guidance may be given under exemptions contained in the Corporations ACT Regulation 7.1.33G.
2. INTELLECTUAL PROPERTY
All content included as part of the My SMSF Property website, such as all e-books, property and borrowing calculators, dashboard services, smsf application form, SMSF lending application, text, graphics, logos, button icons, images, as well as the compilation thereof, and all software used on this site, is the property of My SMSF Property or its suppliers and protected by Australian copyright laws. You agree to abide by all copyright notices, legends or other restrictions contained in any such content and will not make any changes thereto. The name ‘My SMSF’ is trade marked.
3. ADMINISTRATION SERVICE
The My SMSF’s, annual administration service, is subject to you agreeing to appoint My SMSF / My SMSF Property as administrator to refer your annual administration work to, our preferred independent service providers and to be appointed on the ATO portal so we are able to lodge your SMSFAR each year. All tax agents and auditors on our panel are locally based. The term of initial engagement is for a minimum period of 2 years for all Bronze care clients. This service is an engagement to complete an SMSF’s compliance obligations, by our partner independent auditor and tax agent providers. It consists of financial statements, SMSFAR ( tax return) and general super support and communication delivered online, or via email, with the level of support determined by the package selected ( as in: Bronze, Silver or Gold) Please refer to our Fee Schedule page for all fees and charges – http://mysmsfproperty.com.au/fee-schedule/
- A ‘New Fund’ is a Bronze Care $1,100 , Silver Care $1,550 or Gold Care $2,550 our discount setup fee is $880 requiring completion of 1 one years administration for Silver & Gold care clients and 2 years for Bronze care or a termination fee of $1,550 will be charged for setting up your fund. These are funds we setup based on instructions provided to us by member/trustees to establish an SMSF.
- An existing Fund – ‘Transfer SMSF or Fund’ is a fund that has been setup previously and has transferred from another provider to our service. Fees applicable are: Bronze fee $1,100 , Silver $1,550 or Gold Care $2,550 and a upfront $220 Transfer fee
All funds are subject to our terms and conditions; which are subject to change; our privacy policy and Fee schedule agreements.
You agree to our fee schedule and to the following conditions, when engaging the My SMSF Administration and SMSF Setup services
- You must provide us with all requested document to allow us to complete your fund work ( audit and tax work, via our independent partners)
- We will only commence work when you provide us with all documents we request in a timely manner
- We take no responsibility for delays, ATO penalty interest charges, fines or further action due to slow responses to our query’s and requests and unsigned tax return documents or missing signature pages, which restricts our ability to lodge returns compliantly.
- We communicate via email and text messages and chat. Phone contact is for our Silver and Gold care members. Most correspondence is via email and it is your responsibility to view your email messages; addressed to the registered email provided; and to respond promptly to our queries so we may complete your work.
-
If we need to send any documents to you, we will do this via email or our My SMSF App ‘Dashmail’ Service You must provide us with the following contact details:
– A single valid email address.
– A valid Mobile number -
If you change your email address or your phone number, you must notify us within three (3) days by email
– You must view your email and SMSF messages regularly
– Any delays caused by your failure to promptly respond to our communications are your responsibility -
If you fail to respond to our communications:
– we will attempt to contact you by alternative means
– we reserve the right to terminate our service with you - You may communicate with us via, email and chat via the following address, [email protected]
- We do not accept documents via post or hold any original documents. All documents are emailed or uploaded to our folders
- Our time frame for completing work is 1-6 months on average, subject to receiving all the relevant documents and information
- You agree to us being appointed as your ASIC registered agent for Silver and Gold care funds or for Bronze care funds, where this arrangement is agreed to.
- You may cancel this service by notifying us by email – Address to cancel my service and email to – [email protected]
- Disputes – notify us by email to – [email protected] and we will resolve these within 30 – 45 days
- We will provide you with a copy ( originals are held by clients) of all documents we hold on file and our working papers for your new accountant, via email. We will forward documents to your new provider subject to a fee of $220 charged for our time.
- Macquarie PDS –https://www.macquarie.com.au/assets/bfs/documents/adviser/cash-management-account/cash-management-accelerator-account-product-information-statement.pdf
- Macquarie provides an email or letter confirmation of your newly opened ACA SMSF Cash Account will all details of fees and charges and service terms. You must review the information we have submitted for accuracy and clicking through all pages of the application ( blue Next button) till you get to the Submit button. click this and provide Macquarie an email [email protected] with a copy of the certified SMSF Deed, in order for your cash account to be opened. You may contact Macquarie by calling 1800 806 310
- My SMSF Fee Schedule – http://mysmsfproperty.com.au/fee-schedule/
Refer to the ‘Termination of Administration Services’. A fee of $1,550 will apply if the first years ( 1st) tax work is not completed.
Our accountants are independent and based in Australia as are our auditors. My SMSF/ My SMSF Property is an administration and technology provider. We use cloud storage servers which has are based in Asia. We use two factor authentication and all client information: email, phone numbers, TFN’s are blocked from being accessed by offshore agents. We have high levels of security in place.
4. INVESTMENTS
My SMSF does not receive commissions from any provider listed on our site. We impose no restrictions on who you use for your share trading, crypto trading, lending, banking or any other service. We setup a Macquarie SMSF cash account as part of our SMSF Setup process and this is a one time setup of an account. We do not establish any trading, investing or gold or crypto accounts unless our crypto setup service is engaged. For new Cash Account setups, use the documents we have provided and complete these at your convenience
5. GENERAL ADVICE ( information only)
R S Capital Partners Pty Ltd trading as My SMSF & My SMSF Property provides general information relating to super matters. All information is of a general nature only and does not take into account your personal financial circumstances or objectives and does so based on the exemption under section 7.1.33g in the corporations Act.
We can provide ‘general advice’ and factual information about SMSF setups and SMSF ongoing compliance under the SIS Act & Income tax act on
- investment restrictions
- in-house assets
- Superannuation Contributions
- property, crypto, collectables and personal use assets
At times we may provide you with broad asset class advice and provide some general advice, which is not intended to influence your decision making, in relation to a particular financial product or an interest in a particular financial product.
- Consultation fees are $110 for a half hour
It is you (as trustee) and your fund’s responsibility to meet the Superannuation Industry Supervision Act 1993 & 1994 guidelines.
My SMSF/ My SMSF Property requires that all new SMSF clients complete a trustee education course within 4 -10 weeks of setting up an SMSF with us. It is your responsibility to provide us with a certificate of completion for our records
6. TERMINATION OF ADMINISTRATION SERVICES
If you cancel the administration service:
We will email you a copy of all the documents that we hold on file in relation to you that was signed and provided to us.
We will also forward these documents to your new service provider and charge you a fee of $220 for doing so if you request this.
For any subsequent requests for documents, after exit documents has been provided, a fee of $550 applies.
We will charge you a fee of $1,550 if you cancel the administration service within one year of engaging us where you fail to complete one (1 ) years accounting & auditing work.
Any fees that we charge upon cancellation of the administration service must be paid by:
▪ sending us a ;
▪ electronic transfer of funds to our bank account :
Account Name: My SMSF Property
BSB No: 082 067 Account No: 133636758
It is your responsibility to contact Macquarie Bank or any other provider, to cancel any payment arrangements, Macquarie does not take instructions from anyone other than the account holder.
subject: Cancel Administration service/ Account Name and Number
Recurring Fees and Contributions paid in error:
Where a member makes a contribution into our My SMSF Bank Account, these funds will be remitted minus a $110 processing fee. These acts are acts of negligence and will be highlighted in the Audit management letters of each contravening fund.
Ongoing fees, paid after a client leaves our service, will be applied as an undertaking to complete SMSF Compliance work for the year of payment. On exit from My SMSF Administration, we always request that all recurring billing fees are removed, by the member/s of the fund at the time of exit. It is the member/trustees responsibility to cease these payments. We are not responsible for ongoing fee payments and cannot cancel these fees as we are not the account holder and these fees if paid, will be attributed to the completion of SMSF compliance work.
7. SUPER ROLLOVERS / ESA ADDRESSES
All super rollovers are conducted Digitally via MyGov or via the incumbent super fund providers forms. My SMSF accepts not responsibility for the success of your rollovers or for failures to complete super rollovers. Members must contact the ATO on 13 10 20 and update their ESA Address and Bank Account details to conduct successful super rollovers. We provide detailed instructions, but cannot intercede on behalf of the superannuant to manage any part of the super rollover process.
ESA Address: for super rollovers and contributions is – SUPERMATE
we setup these ESA addresses for our clients as a courtesy, but we do not restrict the use of any other providers.
8. PERMISSIONS / NON COMMERCIAL USE/ ACCESS TO DASHBOARD
The My SMSF website, Client Dashboard is for your personal use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on another commercial website. You may experience outages from time to time when logging into the my smsf dashboard. Typically these are due to provider outages, code updates and general site changes. We apologise for the inconvenience caused and we suggest you email us in this event, so we may commence your SMSF compliance work promptly.
9. INFORMATION / COMMUNICATION
The information contained on this site is made available to residents of Australia and its territories and is not intended to be a recommendation, offer or invitation to take up securities or other investments or products. All email communications between customers and My SMSF are subject to legal privilege and may not be posted on social media sites, review sites etc. All fraudulent reviews, posted by competitors posing as customer will be prosecuted and the fund in concern reported to the ATO for suspicious activity monitoring.
10. DAMAGE, LOSS AND LATE FEES
My SMSF Property and its group of companies are not liable in any way to any person for any loss, damage, cost or expense incurred as a result of the material contained on this site or from unauthorised access to, or any misuse of this site including, without limitation, any negligence by MySMSF Property or its other group of companies.
Outstanding Fees, Fees paid from Annual payment agreements
If you do not pay our fees within 30 days, we will apply interest charges and we will report your fund to credit agencies. Further, we will commence debt recovery action against you after 90 days of non payment after a final notice is issued. You agree that you will be liable for any collection agency costs, legal costs ( on an indemnity basis) and any other disbursements incurred by us to recover our outstanding fees. We may report you to a credit reporting agency.
- CPI (3.6%) + 10% late fee interest rate, calculated daily, compounding, on the total owing
- Debt collection fees will be incurred by the fund and its members after 30 days of non payment
Any annual payment agreement fees, which are paid to us; will be attributed for the completion of another financial years work. We invoice for work completed and upfront for the first years administration of a new fund.
11. ABOUT CURRENCY
12. ABOUT USERS
Users of this site agree to indemnify My SMSF /My SMSF Property and its group of companies from all liability, cost and expense, (including legal fees) arising directly or indirectly from the use or distribution by any person of material placed on the site by the user or from the alteration, modification of or addition to material on the site by the user.
Anti-competitive behaviours and competitors posing as customers, or customers working under the instructions of a tax agent or accountant, will be reported to the TPB
ethics committee, CPA, CA, NTAA, Tax institute and the NSW small business ombudsmen and the ACCC if applicable.
13. THIRD PARTIES
My SMSF Property does not endorse and are not responsible for information, feedback, questions or comments placed on this site by third parties and My SMSF Property does not receive referral fees from any providers who link or who use the services of My SMSF / My SMSF Property.
All third party accounting and administration firms contacting us to provide an ethical letter for client releases may do so by email to [email protected] we will release all client data to the client in the first instance. Third party service providers, may NOT contact the tax agent. They must contact us directly first. Please note, we hold copies and no original documents as we do not execute documents face to face.
14. LINKS TO OTHERS WEBSITES
15. YOUR INFORMATION
16. DOCUMENTS
17. OUR SMSF SERVICE
- Free Trust Deed for (individual trustee SMSF, with 2-4 members)
- Apply for your ABN/TFN with the ATO
- Setup a bank account for your fund, which is approved by Macquarie Bank subject to client ID verification and deed verification
- Rollover your super – is electronic via the MyGov application or via your super fund holders online forms
- Setup an ESA – electronic service address with SUPERMATE for contributions and super rollovers
- Assist with supporting documentation on the setup of your SMSF only
- Correspond with the ATO and ASIC when setting up your SMSF entities
Valued at $1,550
Conditions of our SMSF Setup Service:
- Must have $150,000 in combined super between 1-4 members
- You must maintain your administration for 24 months for Bronze care members
- We use the Macquarie CMA Account service provided by Macquarie Bank of Australia
Note: If you do not complete one (2) year’s administration with us’ only for Bronze care clients; we may charge a fee of, $1,550 to cover the time taken to complete your SMSF Setup, which is provided at a discount to encourage new SMSF administration business.
18. SETUP AND ACCEPTANCE OF OUR TERMS
You agree, that once you instruct us; via our online application; to set up your Self Managed Superannuation Fund, you as the trustee/member will be responsible for your SMSF and you that you are aware of all of your, administrative functions and duties as a trustee and all investment restrictions as detailed in the ATO trustee declaration form.
SMSF Setup Fees
- New SMSF with corporate Trustee – $880
- New SMSF with Individual Trustee – $220
- Other Fees – detailed in our Fee Schedule
By clicking the “Apply Now” button and providing your personal information of all members and the details of the proposed SMSF on our online form, you are hereby instructing My SMSF, and their principals and staff to provide administrative tasks of establishing an Self Managed Superannuation Fund as defined in 17A of SIS Act and you agree to any and all charges associated with the setup of a new SMSF including, ATO and ASIC fees.