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DBA Lawyers announces new directors

DBA Lawyers is pleased to announce the promotion of William Fettes and Shaun Backhaus as new directors of the firm. This promotion recognises their ongoing commitment to outstanding client service, improving their technical and legal expertise and their ongoing valuable contribution to clients and the firm. William and Shaun’s appointment as directors adds to DBA [read more]

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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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NALI/E – urgent fix still needed

The non-arm’s length income (NALI) provisions contained in s 295-550 of the Income Tax Assessment Act 1997 (ITAA 1997) continue to be a divisive topic, with recent non-arm’s length expense (NALE) changes providing some welcome relief while also highlighting the urgent need for further legislative change for specific NALI and the capital gains tax (CGT) [read more]

Six Steps To Business Success

What ATO publications can be relied on?

The ATO is a large bureaucracy and produces a lot of guidance material. Thus it is important that advisers and taxpayers understand the range of material (or products) published by the ATO and the level of protection that each provides. Generally, the ATO feels bound by its published material from an administrative viewpoint. However, only [read more]

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Why seek SMSF, tax or other advice from a lawyer –– are there any benefits?

In light of recent changes to the professional and ethical obligations on tax practitioners, it is important for clients and advisers to consider who to seek guidance from. This article discusses certain advantages of engaging a lawyer for advice or assistance. Background The Tax Agent Services Act 2009 (Cth) (TASA) has recently been amended to [read more]

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Should an SMSF auditor perform a title search for each title each year?

As a lawyer, I do a lot of work advising and representing approved SMSF auditors who are being audited/reviewed by the ATO and/or who have been referred to ASIC. In September, I will present on this topic at the SMSF Association’s ‘SMSF Audit Day’. More specifically, I will present a topic titled ‘Facing the Regulators: [read more]

Consent document signing.

Corporations law consent requirements should not be overlooked when registering a new company

The Corporations Act 2001 (Cth) (CA) contains a number of important requirements in relation to registering new companies with the Australian Securities and Investments Commission (ASIC). These requirements mandate, among other things, that certain written consents and agreements must be in place for all proposed directors, secretaries and shareholders of a new company prior to [read more]