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Government promises easing of art and collectables super rules

Self-managed super funds have won major concessions on a key recommendation of the Cooper review covering personal assets.

The federal government yesterday announced new rules preventing savers taking "personal benefit" from assets such as paintings and cars in their self-managed super funds, but allowing their continued acquisition, and stopping short of forcing their disposal.

It is the government's first formal response to a Cooper recommendation.

Early this month the report of the Cooper review, chaired by former Australian Securities & Investments Commission deputy commissioner Jeremy Cooper, recommended a ban on self-managed funds buying such investments and proposed a five-year transition in which existing assets could be sold or moved to an APRA-regulated fund.

The Cooper proposal had caused an outcry in the art world over worries that not only would superannuants stop investing in art, but they would also start dumping existing investments and thereby cruel prices.

Super Funds Professional Association of Australia chairwoman Sharyn Long said the new rules allowed investors to, for example, lend works to galleries for public showing "as long as the premises are not owned by the super fund or any related party".

Ms Long was involved in creating best-practice guidelines for the treatment of collectables, which at one point had looked like a loophole whereby superannuants could avoid taxation on the purchase of classic car or boat for mainly personal use.

The announcement yesterday, which came out as a post-election commitment, said there were "currently no enforceable guidelines around how these assets can be held to prevent them from giving rise to such personal benefit", but that if Labor were re-elected, "SMSFs can continue to invest in personal use and collectable assets provided that they are held according to these new legislative standards that will ensure the assets do not give rise to a personal benefit and are held for the purposes of providing retirement benefits."

Andrew Main - The Australian - July 31, 2010

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