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Bryce Figot ([email protected]), Special Counsel, DBA Lawyers Earlier this month, the ATO released Self Managed Superannuation Fund Regulator’s Bulletin SMSFRB 2018/1. It contains some of the most important information available on the use of reserves for SMSFs. However, there is a vital question regarding contribution reserving that SMSFRB 2018/1 gives rise to. The question is [read more]
Today the ATO issued SMSF Regulator’s Bulletin SRB 2018/1 ‘The use of reserves by self-managed superannuation funds’, which is the most comprehensive material that the ATO has ever released on the use of reserves in SMSF. In particular, SRB 2018/1 highlights the ATO’s concerns about new and emerging arrangements that pose potential risks to SMSFs [read more]
Dan and I are each presenting sessions at the CA ANZ 2017 National SMSF Conference in Sydney September. I’m presenting ‘Getting to Know Transfer Balance Account’ and Dan is presenting on Exempt Current Pension Income. It should be a great conference. For more information see http://www.cvent.com/events/national-smsf-conference-2017-sydney/event-summary-385c2d0597d142a0aac055b6fc89a426.aspx * * * This article is for general information [read more]
By Bryce Figot, Special Counsel and Daniel Butler, Director, DBA Lawyers The recent decision of Perry v Nicholson [2017] QSC 163 contains various important lessons for SMSF succession planning. Facts The Colin Maurice Superannuation Fund was established on 17 September 2009. The original trustees were Colin Maurice (‘Deceased’) and his adult daughter Sonia Perry, with [read more]
Daniel Butler and Bryce Figot are senior fellows at Melbourne University’s Law School, lecturing the intensive subject ‘Taxation of Superannuation’. Typically, the intensive subject only runs annually or biennially. However, Melbourne University has organised several lectures open to the public regarding the upcoming superannuation reforms. For more information contact Melbourne University: Claudine Evans E: [email protected] [read more]
We suspect that many will want to commute their transition to retirement income streams. However, when should these TRISs be commuted: 30 June or 1 July? The short answer is 30 June. The reasoning is as follows. Background There are rules regarding the ability to commute pensions (including TRISs). One rule that applies to most [read more]
One of the top issues for SMSF advisers now is the new CGT relief that operates for pension assets. For full details, see subdiv 294‑B of the Income Tax (Transitional Provisions) Act 1997 (Cth), which was inserted by the Treasury Laws Amendment (Fair and Sustainable Superannuation) Act 2016 (Cth). Also instructive is the ATO’s Law Companion [read more]
The biggest changes to superannuation in a decade will take effect from 1 July 2017, due to the Treasury Laws Amendment (Fair and Sustainable Superannuation) Act 2016 (Cth). There are several cases from the past that are particularly relevant for these changes. In this article I detail why some of these changes and why they matter, [read more]
The rules relating to superannuation contributions are constantly changing. Consider, for example, a deceptively simple question: How much after tax contributions can a person make? Depending on when in the last 11 years this question was asked, there have been at least four answers and there will soon be a fifth answer. Similarly, consider for [read more]
A trap exists in the difference between a new Act and the previous exposure draft version of the Act’s Bill that had been circulated. The trap relates to certain CGT relief. On its face, many people will choose to use the CGT relief. However, for some it could be a step backwards. Accordingly, it is [read more]
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