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Author Archive | Daniel Butler

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Temporary Early Access to superannuation –– COVID-19

Temporary Early Access to superannuation –– COVID-19

Background The Australian Government’s coronavirus economic stimulus package includes several options for individuals to obtain access to money in the short-term if they are financially impacted by coronavirus. One option is to allow a member to access up to $20,000 of their superannuation benefits before ‘retirement’ or attaining age 65. In these uncertain times that [read more]

SMSFs and rent relief due to COVID-19

SMSFs and rent relief due to COVID-19

SMSFs that own property are facing the prospect of tenants falling behind in their rent payments and their other obligations under the lease due to the economic stress arising from COVID-19. Australian states and territories will put a six-month moratorium on evictions for both residential and commercial tenants during the coronavirus pandemic, Prime Minister Scott [read more]

Daniel Butler - head shot

DBA Lawyers & COVID-19 changes

Monitoring all developments As the leading SMSF law firm in Australia we have been busy assisting many clients on a range of legal, tax and SMSF issues arising from COVID-19. We are making sure our team of lawyers and support staff are keeping up to date with developments and revising our services and documents to [read more]

Accessing super before retirement part 1: temporary incapacity

Accessing super before retirement part 1: temporary incapacity

Background There are several methods that a member can to access their superannuation ‘legitimately’ before retirement. Lately, advisers, self managed superannuation fund (‘SMSF’) trustees and members are very keen to learn more on this topic given the financial stress caused by the recent bushfires, floods, COVID-19 pandemic and reduced business/economic activity.  Further, the Australian Taxation [read more]

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?

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 consider their children as a [read more]

What limits SMSF advisers should be aware of when providing advice

What limits SMSF advisers should be aware of when providing advice

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 update, binding death benefit nomination (‘BDBN’) or [read more]