By William Fettes ([email protected]), Senior Associate, DBA Lawyers The starting point at general law is that legal title to fund assets must generally be held in name of the current trustees of the fund. However, this is not always possible, eg, where an SMSF trustee is unable to hold legal title, and title is instead [read more]
William Fettes ([email protected]), Senior Associate and Daniel Butler ([email protected]), Director, DBA Lawyers This article summarises the transfer balance account report (‘TBAR’) reporting regime for SMSFs and offers some traps and tips. Overview Under TBAR, any transaction involving a retirement phase pension (ie, tax free pension interest such as an account-based pension or a transition to [read more]
By William Fettes, Senior Associate, Daniel Butler, Director, DBA Lawyers The rules that govern when exempt income arises in relation to the earnings on assets supporting transition to retirement income streams (‘TRISs’) were substantially changed with effect from 1 July 2017. Advisers and SMSF trustees should be aware that there are now two types of [read more]
William Fettes, Senior Associate, Daniel Butler, Director, DBA Lawyers The new rules that govern when a transition to retirement income stream (‘TRIS’) enters retirement phase give rise to a number of complex issues in the context of reversionary nominations and death. This article examines the retirement phase rules and reversionary TRISs in detail, based on [read more]
William Fettes, Senior Associate, Bryce Figot, Special Counsel, DBA Lawyers Disclaimer: DBA Lawyers provided advice to one of the parties in Cantor Management Services Pty Ltd v Booth. We only mention facts made publicly available in the judgement. The recent decision of Cantor Management Services Pty Ltd v Booth [2017] SASCFC 122 provides important guidance [read more]
By William Fettes, Senior Associate and Daniel Butler, Director, DBA Lawyers On 22 May 2017, the ATO released a new practical compliance guideline PCG 2017/6 regarding commutation of pre-1 July 2017 death benefit pensions that are currently being paid to a surviving spouse where the spouse would like to retain commuted amounts of pension capital [read more]
Co-authored by Daniel Butler, Director, DBA Lawyers Due to the complexity of the rules and the importance of complying with the law in relation to the pension exemption, we examine the two methods for calculating ECPI in respect of account style pensions (ie, account-based, allocated and market linked pensions) under the Income Tax Assessment Act [read more]
By William Fettes ([email protected]), Senior Associate and Bryce Figot ([email protected], [email protected]), Special Counsel, DBA Lawyers In the lead up to 30 June 2017, fund members with more than one account-based pension (‘ABP’) and total pension capital greater than $1.6 million will need to make a decision about which ABP to fully or partially commute to [read more]
SMSF trustees that wish to continue as Qualifying Recognised Overseas Pension Scheme (‘QROPS’) will need to provide an undertaking to Her Majesty’s Revenue and Customs (‘HMRC’) that they are aware of certain changes to the UK tax rules that apply to QROPS transfers. These changes are discussed in detail below. The undertaking using HMRC form [read more]
Co-author by Daniel Butler, Director, DBA Lawyers Introduction The treatment of a lump sum payment arising from the partial commutation of a pension will be significantly impacted by the super reform measures. This article examines changes from 1 July 2017. Background — lump sums arising from a partial commutation A benefit payment arising from the [read more]
