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LCR 2021/2 — discounts to SMSFs invoke NALI

The ATO’s ruling, Law Companion Ruling LCR 2021/2, outlines the application of the ATO’s view on the non-arm’s length expenditure (NALE) provisions, and clarifies when and where an outgoing, expenditure or loss can constitute non-arm’s length income (NALI). The ATO’s view is that, where an expense is incurred by a fund that is less than [read more]


Advantages of the DBA Lawyers SMSF deed (2021-22)

DBA Lawyers latest SMSF governing rules and related documents includes many value-added features. This article briefly explains why our SMSF documents are the best available. Recent changes to DBA Lawyers’ SMSF governing rules Our latest DBA Lawyers’ SMSF governing rules (version 2021-22) comes with the following upgrades: expanded Trustee investment powers in respect of any [read more]

DBA Lawyers’ Annual Update Service for SMSF deeds

DBA Lawyers’ Annual Update Service for keeping SMSF deeds up to date

Ongoing changes are constantly made to superannuation and tax laws, which demonstrates the importance and benefits of having an up to date SMSF deed. Each year on 1 July, our Annual Update Service subscribers are provided with the latest version of DBA Lawyers governing rules which incorporates all relevant legal changes including superannuation law, case [read more]


Contribution reserving – are you aware of all the risks?

When discussing contribution strategies with clients, advisers should be mindful not to present contribution reserving as a straightforward exercise, as there are a number of practical issues and potential risks that should be carefully considered before proceeding with a contribution reserving strategy. This article discusses some of the common hurdles and risks to assist in [read more]


Proposed ECPI changes have some advantages

On 21 May 2021, Treasury released exposure draft legislation to implement previously announced measures in the May 2019 Federal Budget to streamline how superannuation funds claim exempt current pension income (ECPI) in respect of pensions. This article examines the proposed changes in the draft legislation using case studies to illustrate how ECPI would be claimed. [read more]


SMSF seminars for CPA Australia

Bryce Figot is excited to soon be presenting a series of three and half hour seminars for CPA Australia in various locations in regional Victoria. They should be great seminars. These seminars will cover and explore: latest cases; legislation; regulatory developments; and other tips and traps. To register, or for more information, visit: For Traralgon (Tuesday [read more]

Business And New Year Concept Of Budget Planning 2021. Fliped Wo

Budget impact on legacy pensions

The 2021–22 Federal Budget (released on 11 May 2021) announced changes for some — but not all — legacy pensions. In this article, we examine the strategic implications, remaining questions and what advisers should do for clients with certain legacy pensions. Background — pre 2007 Originally SMSFs were able to commence paying members ‘defined benefit pensions’. [read more]

Electronic execution of deeds — is it here to stay?

Electronic execution of deeds — is it here to stay?

Introduction Since the beginning of the COVID-19 pandemic, legislators across the states and territories have been passing temporary legislation to allow for documents to be signed and witnessed using technology. At the date of this article, Victoria (‘Vic’), New South Wales (‘NSW’) and Queensland (‘QLD’) are still the only jurisdictions to make provision for deeds [read more]

PS LA 2020/3 — how the ATO applies administrative penalties on SMSF trustees/directors

PS LA 2020/3 — how the ATO applies administrative penalties on SMSF trustees/directors

Introduction The ATO recently published Law Administration Practice Statement PS LA 2020/3 to guide ATO staff on how to apply administrative penalties. This provides the methodology on how ATO case officers make determinations on imposing and remitting penalties for contraventions under s 166 of the Superannuation Industry (Supervision) Act 1993 (Cth) (‘SISA’). The ATO’s view is [read more]