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Author Archive | Bryce Figot

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Business man pointing to transparent board with text: Valuation

Coronica v FCT — latest Tribunal decision provides important tips regarding valuations and related party acquisitions

Earlier today the Administrative Appeals Tribunal (Tribunal) handed its decision in Coronica and Commissioner of Taxation (Taxation) [2021] AATA 745. It resulted in the Commissioner’s decision to make an SMSF non-complying being affirmed. The decision is lengthy (103 pages) and covers many interesting issues. In this article, we focus on one particular issue: valuation of [read more]

Hand In Hand Between Project Contractors And Customers Due To Ne

Many building and similar contracts place SMSFs at risk

Overview SMSFs appear to have a great appetite for investing in real estate and becoming involved with making improvements to property and, in some cases, property development. However, while SMSFs frequently invest in property, many do not carefully review and negotiate their building and similar contracts to delete or exclude provisions which may result in [read more]

An important reminder on excess contributions: Purcell and Commissioner of Taxation [2020] AATA 4235

An important reminder on excess contributions: Purcell and Commissioner of Taxation [2020] AATA 4235

The recent AAT decision of Purcell and Commissioner of Taxation [2020] AATA 4235 serves as an important reminder when making superannuation contributions. Facts For the full decision, see http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/AATA//2020/4235.html. A summary of the fact is as follows. The AAT indicated that during the financial year ended 30 June 2018, Mrs Purcell had a non-concessional contributions [read more]

PCG 2020/6 & recap on timing of contributions

PCG 2020/6 & recap on timing of contributions

The ATO recently released Practical Compliance Guideline PCG 2020/6. The guideline considers the timing of income tax deductions for superannuation contributions made through the Small Business Superannuation Clearing House (‘SBSCH’) and the ATO’s compliance approach. However, it is also a timely reminder on when to make contributions more generally. Background to PCG 2020/6 The ATO’s [read more]

Why use pension documentation from DBA Lawyers

Why use pension documentation from DBA Lawyers

DBA Lawyers offers industry-leading pension documentation. In this article, I set out several key benefits of using pension documentation from DBA Lawyers. Our expert lawyers regularly review and revise our documents Our documents are regularly reviewed and revised to ensure they reflect the latest superannuation, tax and related practical and strategic developments. Each suite of [read more]

Appeal handed down in Wareham v Marsella

Appeal handed down in Wareham v Marsella

Introduction The Victorian Court of Appeal recently handed down Wareham v Marsella [2020] VSCA 92. This judgement represents the appeal of Marsella v Wareham (No 2) [2019] VSC 65. In brief, the appeal was dismissed. The appeal judgement illustrates that trustees (including SMSF trustees) are held to very high standards, and when performing their duties, [read more]

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SMSF Association 2020 National Conference

The SMSF Association 2020 National Conference was held last week on the Gold Coast. I commend the SMSF Association for putting on such a great conference event, not just this year but every year! At this year’s conference, I presented a specialist only session on carrying on a business in an SMSF. Daniel Butler presented [read more]

What is a reversionary pension?

What is a reversionary pension?

There is a little known rule that can have huge implications for SMSFs, particularly when it comes to reversionary pensions. This article provides the crucial ‘must know’ details. What is a ‘reversionary pension’? The ATO describes a reversionary pension as follows, without actually using the term ‘reversionary’ (Taxation Ruling TR 2013/5 [29]): A superannuation income [read more]

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SMSF Succession Planning Day (Face-To-Face)

On Wednesday 20 November 2019 DBA Network is holding a special, once-off SMSF Succession Planning Day (face-to-face). It will provide a practical, step-by-step guide on how to ensure that a member’s SMSF benefits are appropriately dealt with upon their incapacity or death. It is designed for financial planners, accountants, auditors, SMSF administrators and lawyers who want [read more]