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Author Archive | Daniel Butler

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SMSFs to consider PAYG when paying the minimum pension amount prior to 30 June 2019

Daniel Butler ([email protected]), Director, DBA Lawyers Introduction An SMSF trustee paying a pension to a member who is under 60 years must generally withhold pay as you go (‘PAYG’) and pay that amount to the ATO within certain time frames. This article examines when an SMSF trustee paying a pension should pay the relevant PAYG [read more]

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

Daniel Butler ([email protected]), 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 payable on an [read more]

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

Daniel Butler ([email protected]), 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 consider their own [read more]

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Advantages of ordering unit trusts from DBA Lawyers

Daniel Butler ([email protected]), Director, DBA Lawyers   This article highlights the value of ordering unit trust documents from a law firm with the relevant expertise such as DBA Lawyers. DBA Lawyers has always focused on providing quality documents and solutions instead of competing with other document suppliers on pricing (especially non-qualified and non-expert suppliers). In the [read more]

Grotesquely unreasonable and SMSF trustees paying death benefits: Re Marsella

Grotesquely unreasonable and SMSF trustees paying death benefits: Re Marsella

The decision in Re Marsella [2019] VSC 65 highlights the importance of trustees of SMSFs exercising their discretion to pay death benefits in good faith, with real and genuine consideration and in accordance with the purpose for which their power was conferred. [read more]

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Labor’s superannuation and related proposals

Daniel Butler, Director ([email protected]) and Shaun Backhaus, Lawyer ([email protected]) The next Federal election, according to our current Prime Minister Mr Scott Morrison, will be held in May 2019 and, if the Labor Government is elected, significant change is likely. Thus, a brief ‘stock take’ of what the superannuation landscape will look like under a Labor Government [read more]