I have received a Fund to audit for 2022. This Fund had a member that commenced a pension in 2021 year - a formal valuation for the property held by the Fund was carried out as at the date of pension commencement that valued the commercial property held at 1,150,000 (May 2021). The valuation obtained was actually done on the date of pension commencement (was not obtained after the fact when financials for 2021 were processed). All members way under pension cap as a result of this valuation so 100% pension fund.
Ten months later, the property has been sold for 3.8 million. I have queried the valuatuon obtained as at pension date (ten months earlier) to see if the trustees will have it revised and 2021 year amended - leading to TSB of over 4 million. Way over pension cap, so big ramifications there - fairly so I believe.
Every instinct tells me this is pension cap manipulation - the trustees' postion is that they only decided to sell 6 months after commcening the pension when a similar commercial property sold and relaised an incredibly large gain - and this has lead to a market adjustment then (not in May 2021). I maintain that this porperty did not increase by this amount in ten months and that valuation obtained was unfortunately proven incorrect.
Anyone else experienced this at all?
Hi Jennifer
My view is if the valuation was correctly obtained at the date the pension commenced then this can be relied upon. Given your concerns I would be reviewing the valuation and making sure it had been prepared on a reasonable basis. As an example was the valuation done taking into account the recent sale of similar properties? I would also review that what they stated re the sale of a similar commercial property and make sure that this actually occured.
The ATO's guidelines to valuations can be found at:
I would also raise your concerns in your management letter to the Trustees.
Thanks
THE AUDITORS INSTITUTE