In this episode of the DBA Lawyers Podcast, Zacharia Galloway, Lawyer and William Fettes, Senior Associate, dive into the history of BDBNs and discuss some common BDBN strategies as well as practical tips and traps to be aware of. [read more]
Author Archive | Dev
Super guarantee, salary sacrifice and contribution changes
In this episode of the DBA Lawyers Podcast, Zacharia Galloway, Lawyer and Shaun Backhaus, Senior Associate, discuss the latest changes contributions, super guarantee (SG) changes and the need to review and update salary sacrifice arrangements. Zac and Shaun discuss the recent ATO publication CRT Alert 009/2021 that allows individuals to re-contribute [read more]
SMSF rollovers, salary sacrifice arrangements and SMSF deeds
In this episode of the DBA Lawyers Podcast, Zacharia Galloway, Lawyer and Daniel Butler, Director, discuss the latest changes for SMSF rollovers, salary sacrifice arrangements and the importance of having an SMSF deed prepared by a qualified lawyer. Zac and Dan discuss the latest in changes for SMSF rollovers. From 1 October 2021, most [read more]
What is new in the world of pensions
In this episode of the DBA Lawyers Podcast, Zacharia Galloway, Lawyer and Bryce Figot, Special Counsel, discuss what is new in the world of pensions following the Federal Budget announcements on 11 May 2021. Bryce shares some practical tips for commuting and restarting a pension prior to or on 1 July. Bryce also discusses [read more]
Non-lapsing BDBNs and the special tax treatment of SMSFs
In this episode of the DBA Lawyers Podcast, Zacharia Galloway, Lawyer and Daniel Butler, Director, discuss non-lapsing BDBNs and the special tax treatment of SMSFs. Zac and Dan discuss non-lapsing BDBNs and examine the recent case of Hill v Zuda [2021] WASCA 59. Importantly, this case upheld prior decisions that confirm that the 3-year sunset rule [read more]
SMSFs investing in Unit Trusts – Tips and traps to watch out for
In this episode of the DBA Lawyers Podcast, Zacharia Galloway, Lawyer and Shaun Backhaus, Lawyer, discuss SMSFs investing in unit trusts including 50-50 unit trusts and non-geared unit trusts (NGUT). Unit trusts are a popular investment vehicle for SMSFs as it allows for SMSFs to enter into investments with both related and unrelated parties. There [read more]
Family Law Superannuation Splitting – How it works and what to consider
In this episode of the DBA Lawyers Podcast, Zacharia Galloway, Lawyer and William Fettes, Senior Associate, discuss family law superannuation splitting in respect of SMSFs. Where a relationship breakdown occurs, special attention must be given to the splitting of the superannuation benefits as there are quite a number issues to consider. In this episode, William [read more]
Lost deeds, TBC indexation and SMSFs involved in property development
In this episode of the DBA Lawyers Podcast, Zacharia Galloway, Lawyer and Bryce Figot, Special Counsel, discuss what to do if you lose your trust deed, the first indexation of the Transfer Balance Cap (TBC) and the traps to be aware of for SMSFs involved in property development. A lost trust deed is an unfortunate [read more]
Breaking down Aussiegolfa Pty Ltd (Trustee) v Commissioner of Taxation [2018] FCAFC 122
In this episode of the DBA Lawyers Podcast, Bryce Figot, Special Counsel and Shaun Backhaus, Lawyer discuss the case of Aussiegolfa Pty Ltd (Trustee) v Commissioner of Taxation [2018] FCAFC 122 (‘Aussiegolfa’). Bryce and Shaun discuss the in-house asset issue, explain what the case tells us about the sole purpose test and also discuss how advisers [read more]
Splitting documents should not be overlooked
Where a relationship breakdown has occurred between spouses, the parties’ superannuation entitlements may be subject to an overall family law property settlement. Typically this involves one spouse agreeing to or otherwise being required to give up some of their superannuation benefits in favour of the other spouse based on appropriately drafted orders or financial agreements. [read more]