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Author Archive | Daniel Butler

About Daniel Butler

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Leave SMSF changes of trustee to the lawyers

By Daniel Butler, Director, DBA Lawyers SMSF changes of trustee are a ticking time bomb if not properly drafted by a lawyer with proper experience. While it is easy to put together a document that simply states that one trustee resigns and one trustee is appointed, several real examples exist where SMSF changes of trustee [read more]

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How will the First Home Super Saver Scheme work for SMSFs?

Daniel Butler ([email protected]), Director, DBA Lawyers For those who are interested in purchasing their first residential premises, the First Home Super Saver (‘FHSS’) Scheme may be an option worth exploring. The Treasury Laws Amendment (Reducing Pressure On Housing Affordability Measures No. 1) Bill 2017 (Cth) passed both houses on 7 December 2017, meaning the FHSS [read more]

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How will downsizer contributions work for SMSFs?

Daniel Butler ([email protected]), Director, DBA Lawyers To reduce pressure on housing affordability, downsizer contributions provide an incentive for super fund members aged 65 years or older to sell a main residence. The Treasury Laws Amendment (Reducing Pressure On Housing Affordability Measures No. 1) Bill 2017 (Cth), which introduces downsizer contributions, passed both houses on 7 [read more]

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Triggering your bring forward non-concessional contributions cap post-1 July 2017

Daniel Butler ([email protected]), Director, DBA Lawyers The eligibility criteria for individuals who wish to bring forward their non-concessional contributions (‘NCCs’) cap post-1 July 2017 is more rigorous and complex than ever before. However, bringing forward an individual’s NCCs cap will still remain a popular strategy to boost an individual’s superannuation balance. Special transitional arrangements apply [read more]

Family Law

Family Law SuperSplitting Kit for SMSFs

By: Daniel Butler, Director ([email protected]), DBA Lawyers DBA Lawyers is thrilled to announce that we are putting the finishing touches on our Family Law SuperSplitting Kit for SMSFs. Working in consultation with Australia’s leading SuperSplitting legal expert Stephen Bourke, we have designed this kit to assist and provide advisers and SMSF trustees with practical guidance [read more]

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Spousal contributions and contributions split

By Daniel Butler, Director, DBA Lawyers, and William Fettes, Senior Associate, DBA Lawyers Introduction There are a few different ways that individuals can contribute money into superannuation for the benefit of their spouse. Taking advantage of these contribution options can help spouses achieve parity in relation to their respective super account balances over time and [read more]

Family genealogic tree. Parents and grandparents, children and cousins.

Who is your relative for SMSF purposes and why is this relevant?

Daniel Butler, Director, DBA Lawyers It is important to understand who is an individual’s relative for superannuation law purposes as the Superannuation Industry (Supervision) Act 1993 (Cth) (‘SISA’) imposes certain boundaries on an SMSF’s activities in relation to an individual’s relative or related party. There are two definitions of the term relative in the SISA. [read more]

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Why should you order trusts from DBA Lawyers?

By Daniel Butler, Director and Shaun Backhaus, Lawyer DBA Lawyers Introduction While DBA is recognised as Australia’s leading SMSF law firm, it is  also well known for it’s great depth of tax and trusts expertise. In particular, DBA Lawyers offers an excellent discretionary trust deed that is easy to read, provides great flexibility and reflects [read more]

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Payments above ABP minimum — Reasons to prospectively document a strategy ASAP

Daniel Butler, Director and  Bryce Figot, Special Counsel, DBA Lawyers  Payments above the account-based pension (‘ABP’) minimum annual payment have the potential to become a trap. The June 2017 SMSF Benchmark Report by Class Super states that ‘the average SMSF pensioner withdraws about $74,000 annually on their pension over a series of 12 transactions and [read more]