Top Navigation

SMSF Newsfeed

SMSFs & Family Law Super Splitting

SMSFs & Family Law Super Splitting

Introduction A superannuation interest is considered ‘property’ for the purposes of the Family Law Act 1975 (Cth) (‘FLA’). Thus, it may be split in a similar manner as the parties’ other assets in response to a relationship breakdown. Indeed, the superannuation splitting laws extend to all de facto relationships in all states and territories, except [read more]

dishonesty disqualifies

What type of dishonesty disqualifies a person from having an SMSF?

By Daniel Butler, Director ([email protected]), DBA Lawyers Introduction This article examines the nature of disqualification and what convictions can preclude a person from forever being an SMSF trustee/director. Given the serious consequences of disqualification, it is important to consider the circumstances in which a person may have been automatically, and even unknowingly, disqualified. SMSF members should also [read more]

What limits SMSF advisers should be aware of when providing advice

What limits SMSF advisers should be aware of when providing advice

By Daniel Butler, Director ([email protected]), DBA Lawyers Overview This articles examine what advice SMSF advisers can and cannot provide without ‘stepping over the line’ especially in providing taxation, financial product or legal advice which they may not be permitted to provide. For example, an adviser providing legal advice or services (eg, preparing an SMSF deed [read more]

NALI – is the ATO’s net too wide?

NALI – is the ATO’s net too wide?

Overview Recently the ATO released draft Law Companion Ruling 2019/D3 (‘LCR’) on the newly passed non-arm’s length income (‘NALI’) amendments to s 295-550 of the Income Tax Assessment Act 1997 (Cth) (‘ITAA 1997’). One key criticism of the draft LCR is the breadth of the ATO’s view in relation to the ‘nexus’ that is required between [read more]

More news stories