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Author Archive | Shaun Backhaus

About Shaun Backhaus

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Victorian SMSF duty on transfers in kind

Shaun Backhaus, Lawyer ([email protected]) and Daniel Butler, Director ([email protected]), DBA Lawyers Many advisers are aware of the potential duty exemption available under s 41A of the Duties Act 2000 (Vic) where dutiable property such as real estate is transferred to a member of an SMSF in respect of their interest in the fund. This potential exemption may also apply [read more]

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Do foreign purchaser duty surcharges apply to SMSFs?

Shaun Backhaus, Lawyer ([email protected]) and Daniel Butler, Director ([email protected]), DBA Lawyers With the imposition of foreign purchaser duty continuing to be implemented around the country there is a need to determine how this additional tax will apply to SMSFs. Background Most jurisdictions imposing some form of ‘foreign purchaser duty’ include a ‘foreign trust’ or ‘trustee [read more]

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Can a surviving spouse claim their deceased spouse’s super when they are also the executor of their estate?

Shaun Backhaus), Lawyer ([email protected]) and Daniel Butler, Director ([email protected]), DBA Lawyers  The recent case of Gonciarz v Bienias [2019] WASC 104 (‘Gonciarz’) continues a line of cases that consider the conflict that arises where a person acts as executor or administrator of a deceased estate while also applying to receive superannuation death benefits in their [read more]

DBA Network SMSF Podcast

Introducing the DBA Network SMSF Podcast — The perfect addition to your professional development

DBA Network Pty Ltd is proud to present its latest offering: The DBA Network SMSF Podcast. DBA Network Pty Ltd will be releasing a Podcast each month where at least one key issue facing the SMSF industry will be discussed. This includes things such as: Legislative and regulatory developments Latest SMSF cases Analysing SMSF strategies [read more]

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Can a trustee be liable for a member’s tax debt?

Shaun Backhaus ([email protected]), Lawyer and William Fettes ([email protected]), Senior Associate, DBA Lawyers This article discusses the case of Commissioner of State Revenue v Can Barz Pty Ltd & Anor [2016] QCA 323. Broadly, this case deals with the ability of the Commissioner to recover a member’s tax debts from money that is payable to the trustee [read more]

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Review of Early Release of Superannuation Benefits

By Shaun Backhaus ([email protected]), Lawyer and Bryce Figot([email protected]), Special Counsel, DBA Lawyers Background On 21 November 2018 Treasury released a paper with findings and draft proposals from its review into the rules governing the early release of superannuation benefits. Treasury is currently seeking views from interested stakeholders. This review was carried out in light of [read more]

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Update on the Australian Financial Complaints Authority(AFCA)

By Shaun Backhaus ([email protected]), Lawyer and Daniel Butler([email protected]), Director DBA Lawyers In our previous article on AFCA we explained the background to AFCA’s establishment, what disputes it would apply to and how it would differ from the external dispute resolution schemes it replaced, such as the Financial Ombudsman Service. For further information please refer to [read more]

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DBA Lawyers’ discretionary trust –– managing the extra duty and land tax surcharges on foreigners

By Shaun Backhaus, Lawyer and Daniel Butler , Director DBA Lawyers DBA Lawyers can supply a discretionary trust deed to exclude foreign persons from being beneficiaries. We do not automatically exclude foreign persons as this may exclude beneficiaries forever and may have substantial long-term implications. Moreover, with eight different jurisdictions with different legislation and with [read more]