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Author Archive | Christian Pakpahan

About Christian Pakpahan

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ATO confirms the superannuation guarantee status in regards to annual leave loading

By Christian Pakpahan, Lawyer and Daniel Butler, Director,DBA Lawyers On 12 March 2019 the Australian Taxation Office (‘ATO’) updated their website to clarify its approach to dealing with the application of annual leave loading (‘AL loading’) for the purposes of the superannuation guarantee (‘SG’) regime. 1 SG and ordinary time earnings (‘OTE’) Superannuation is broadly [read more]

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The many roads that lead to meeting FASEA’s education standards

By Christian Pakpahan, Lawyer and Daniel Butler, Director,DBA Lawyers The Financial Adviser Standards and Ethics Authority (‘FASEA’) has finalised the acceptable pathways that advisers can take to meet FASEA’s education standards. We outline below how existing and prospective advisers can meet FASEA’s education standards under the Australian financial services licence (‘AFSL’) regime. Each adviser should [read more]

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Is an alternate director for an SMSF better than a successor director? Part 2

By Christian Pakpahan, Lawyer and Daniel Butler, Director, DBA Lawyers We compare the option of a director nominating an alternate director in contrast to nominating a successor director in a self managed superannuation fund (‘SMSF’) context to determine which is better. In Part 1 of our series, we considered how alternate directors are problematic in [read more]

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Is an alternate director for an SMSF better than a successor director? Part 1

By Christian Pakpahan, Lawyer and Daniel Butler, Director,DBA Lawyers We compare the option of a director nominating an alternate director in contrast to nominating a successor director in a self managed superannuation fund (‘SMSF’) context to determine which is better. We also provide a brief comparison table below to support our view that alternate directors [read more]

What disqualifies you from having an SMSF?

Christian Pakpahan ([email protected]), Lawyer and Daniel Butler ([email protected]), Director, DBA Lawyers This article covers the main ways a person becomes a disqualified person, the consequences of disqualification and the options available to those who are disqualified. (We refer to a trustee in this article as covering both individual trustees of an SMSF and directors of [read more]

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Proposed regulation to extend SuperStream to SMSF Rollovers

By Christian Pakpahan, Lawyer and Daniel Butler, Director,DBA Lawyers Introduction On 17 July 2018, Treasury released exposure draft legislation which broadly extends the operation of SuperStream to cover self managed superannuation funds (‘SMSFs’). Currently SMSFs only need to be able to receive contributions and rollovers through SuperStream. Current Legislation Currently SMSFs are only required to [read more]

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How the Federal Budget 2018 will impact SMSFs

By Christian Pakpahan, Lawyer and Daniel Butler, Director, DBA Lawyers We outline below the key superannuation changes announced in the Federal Budget 2018 on 8 May 2018. Some of the proposed changes will have a substantial impact on SMSFs if they are finalised as law. Nomination of superannuation guarantee (‘SG’) for certain employees with multiple [read more]

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Want reversionary pensions up to a beneficiary’s TBC? New offering from DBA Lawyers: Death Benefit Payment Deed

By Christian Pakpahan ([email protected]), Lawyer and Bryce Figot ([email protected]), Special Counsel, DBA Lawyers The new transfer balance cap regime can make succession planning tricky. A member may desire to make their pensions reversionary upon death. However, there may be situations where receiving these reversionary pensions would cause the beneficiary to exceed their transfer balance cap. [read more]

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Why is it important to have a good company constitution?

By Christian Pakpahan, Lawyer and Daniel Butler, Director DBA Lawyers Company constitutions are often treated as a commodity even though they are a very critical document to the overall effective operation of a company. A constitution, for instance, governs the company’s decision making, powers including the appointment and removal of officers, shareholders and many other [read more]