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Author Archive | Daniel Butler

About Daniel Butler

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Image lawyer businessman sitting at the office with a woman customer explaining the agreement of advice.

Legal documents – non-legally qualified supplier v. law firm

Overview In today’s market, there are numerous options available for obtaining legal documents such as SMSF, company and trust deeds and related documents (Legal Documents). This article explores the advantages and disadvantages of sourcing documents from a non-legally qualified supplier (Non-Qualified Supplier) compared to a law firm. In this article, we aim to provide relevant [read more]

Does your trust deed have appropriate income characterisation and streaming powers img

Does your trust deed have appropriate income characterisation and streaming powers?

The streaming of different types of income in a discretionary trust to different beneficiaries is a common strategy to optimise the tax outcome for beneficiaries (eg, to maximise the value of franking credits and the general 50% CGT discount). Many advisers assume that any deed will allow for streaming, however, this is not always the [read more]

Property tax.investment planning.business real estate.economy crisis.expenses of worker.financial management

Another Victorian property tax set to increase substantially for homes, farmers and businesses

On 13 December 2024, the Victorian Government announced a substantial increase (between 100% to 190%, depending in the type of land involved) and other changes to the Fire Services Property Levy (FSPL). All property owners in Victoria are required to pay this levy apart from certain exemptions and concessions. Rename the levy The current FSPL [read more]

Congestion levy on parking spaces image

An update on the congestion levy on parking spaces (Melbourne) – Part 2

The Victorian Government announced changes to the congestion levy as part of its 2024/25 Budget Update on 13 December 2024. This levy affects off-street car parking spaces in Melbourne’s central business district (CBD) and surrounding inner suburbs. This article follows on from the recent DBA article Congestion levy on parking spaces (Melbourne) and discusses some [read more]

Close-up Of Married Couple Signing Papers Alongside With Other W

SMSF Succession Planning — Part 2 — The Role of Binding Death Benefit Nominations

This article is part of a series on SMSF succession planning. In Part 1, we explored the key elements of a robust SMSF succession plan with a particular focus on planning for loss of capacity or death. In Part 2, we focus on the important role of binding death benefit nominations (BDBNs). What is a [read more]

Legal document Independent Contractor Agreement on paper close up.

Employee or contractor — ATO common myths – Part 10

This is part 10 of our series of ‘employee versus contractor’ articles. Part 10 focuses on recently updated guidance from the ATO regarding 12 common myths that result in engaging entities incorrectly classifying an employee as a contractor or vice versa. The webpage (QC 33185) can be found here. The other articles (parts 1-9) are linked [read more]

hand-savings

NALI/E – urgent fix still needed

The non-arm’s length income (NALI) provisions contained in s 295-550 of the Income Tax Assessment Act 1997 (ITAA 1997) continue to be a divisive topic, with recent non-arm’s length expense (NALE) changes providing some welcome relief while also highlighting the urgent need for further legislative change for specific NALI and the capital gains tax (CGT) [read more]

Close-up of married couple signing papers alongside with other witness or agent - can be divorce, law, liability, evidence agreement for marriage

What should an adviser actually want: for BDBN to override pension docs, or vice versa?

The High Court in Hill v Zuda held that ‘reg 6.17A has no application to an SMSF.’ Accordingly, SMSF deeds have a great deal of flexibility as to what they do and do not allow. If they are so drafted, SMSF deeds can allow BDBNs that can override any inconsistent pension documentation. This then begs the question: [read more]