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Author Archive | Shaun Backhaus

About Shaun Backhaus

Here are my most recent posts

Businessman in suit in his office showing an insurance policy and pointing with a pen where the policyholder must to sign. Insurance agent presentation and consulting insurance detail to customer.

What does Bendel mean for SMSFs?

In this article, we consider the implications for SMSFs of the recent Federal Court of Australia (Full Court) decision in Commissioner of Taxation v Bendel [2025] FCAFC 15 (Bendel). In particular, we consider Bendel’s impact for SMSFs with investments in pre-1999 unit trusts. This article contains many generalisations and simplifications. For the full text of [read more]

gray pen on growing share price chart
** Note: Shallow depth of field

SMSF statistical overview 2022–23: industry continues to grow

Earlier this month, the ATO released data in a report titled ‘Self-managed super funds: A statistical overview 2022–23’ (Report). The Report shows that SMSFs continue to grow and there are many interesting statistics that can be seen. We outline some here. SMSF key numbers As at 30 June 2024: There were over 625,000 SMSFs, an increase [read more]

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]

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Advantages of ordering unit trusts from DBA Lawyers

DBA Lawyers has always focused on providing quality documents and service instead of competing with other document suppliers on price. As lawyers advising on unit trust investments, we better understand the needs and risks inherent in such transactions and develop our documents based on this experience. We often advise clients who have not obtained appropriate [read more]