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Author Archive | William Fettes

About William Fettes

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Reversionary transition to retirement income streams

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]

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2017 Supreme Court challenge to BDBN fails due to valid service on corporate trustee

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]

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PCG 2017/6 — roll back relief for certain pre-1 July 2017 death benefit pensions

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]

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Understanding exempt current pension income (‘ECPI’) in view of super reforms

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]

A guide for choosing which pension to commute

A guide for choosing which pension to commute

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]

QROPS SMSFs must provide an undertaking to HMRC

QROPS SMSFs must provide an undertaking to HMRC by 13 April 2017 to prevent automatic loss of QROPS status

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]

Lump sum payments

Lump sum payment arising from a partial commutation

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]

Reversionary pensions

Reversionary pensions and the super reforms

Introduction Superannuation law is currently undergoing the most significant period of change since mid-2007. As a consequence of the Federal Government’s reform measures, including the $1.6 million transfer balance cap (‘TBC’), it is important that the succession plans of fund members are reviewed as soon as possible so that appropriate and tax effective succession arrangements [read more]

Death benefit pensions and the $1.6 million transfer balance cap

Death benefit pensions and the $1.6 million transfer balance cap

Introduction The Federal Government’s $1.6 million transfer balance cap (‘TBC’) measure is likely to adversely impact couples who have pension entitlements exceeding $1.6 million. This articles outlines some of the implications in relation to death benefit pensions. The key TBC provisions are in div 294 of the Income Tax Assessment Act 1997 (Cth) (‘ITAA 1997’) inserted [read more]

smsf deed update checklist

SMSF deed update checklist

DBA Lawyers is often asked whether a particular SMSF trust deed needs to be updated. As a general guide, we recommend that SMSF trust deeds should be updated every 4–5 years, or sooner in the case of major legislative change. The last major legislative change to superannuation that warranted a blanket update for all SMSF [read more]