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Legal document Independent Contractor Agreement on paper close up.

Payroll tax crackdown on professional structures such as medical, healthcare and similar arrangements — Part 5

Overview We have previously issued four prior articles linked to this series focusing on the employee versus contractor distinction. In our article ‘Employee or contractor — Payroll Tax considerations — Part 3’ dated 30 September 2022 (DBA Payroll Tax Article – Part 3) we provided a top-level summary of how the payroll tax regime   applies [read more]

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New SMSF case demonstrates how not to have non-arm’s length income

A recent AAT decision illustrates the sorts of evidence that might be necessary in order for an SMSF to not have non-arm’s length income (NALI). Accordingly, advisers working with SMSFs should pay close attention to this decision and the evidence that an SMSF should collect and retain. The decision is BPFN and Commissioner of Taxation [read more]

NALI –– unit trusts and draft LCR 2019/D3

Is an ASIC fee paid by a member for an SMSF corporate trustee a contribution or NALE?

Overview Where an SMSF member or related party pays the annual ASIC fee for a corporate trustee, this may give rise to non-arm’s length expense (NALE) risk that can result in non-arm’s length income (NALI). A NALE risk can also arise where a corporate trustee also acts in any other capacity (eg, carrying on a [read more]

The best time for an SMSF to make a voluntary disclosure to the ATO is now

Penalties on SMSF trustees to increase substantially, so definitely time to change to a corporate trustee

Introduction With the penalty unit increasing from $275 to $313 from 1 July 2023, SMSFs need to be extremely careful as this results in most administrative penalties increasing from $16,500 (ie, 60 penalty units x $275) to $18,780 (ie, 60 penalty units x $313). This article discusses administrative penalties under s 166 of the Superannuation Industry [read more]

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ATO checklist for trust distributions

Overview The taxation and administration of trusts continues to be an area of development. The Commissioner’s application of long forgotten tax provisions (in form of s 100A of the Income Tax Assessment Act 1936 (Cth) (ITAA 1936)), and recent court cases extending the obligations of trustees to consider beneficiaries (in form of Re Owies Family Trust [2020] [read more]

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SMSFs and voluntary disclosure to the ATO

This article provides important background context on why SMSF trustees may wish to consider using the ATO’s early engagement and voluntary disclosure service to notify the ATO regarding contraventions of the Superannuation Industry (Supervision) Act 1993 (SISA) or Superannuation Industry (Supervision) Regulations 1994 (SISR). There are significant advantages that can result from making a voluntary [read more]

Taxpayer-Alert

Webinar on SMSFs and property development … What to know about the ATO’s new Taxpayer Alert

On Friday 23 June 2023, DBA Lawyers is presenting a webinar on the recently issued ATO Taxpayer Alert TA 2023/2 discussing diverting profits of a property development project to a self managed superannuation fund, through the use of a special purpose vehicle. The ATO set out various concerns. This Taxpayer Alert is relevant for ALL [read more]

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Rectification directions –– ATO PS LA 2023/1

Overview The ATO has various powers it can exercise to deal with SMSF non-compliance. One such power is to provide a rectification direction (RD) to an SMSF trustee under s 159 of the Superannuation Industry (Supervision) Act 1993 (Cth) (SISA). Guidance on RDs is provided to ATO officers in Law Administration Practice Statement 2023/1 (PSLA). [read more]

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What is a ‘non-commutable life pension’? Can an SMSF ever pay one? New AAT decision provides critical guidance

There is a provision in the Superannuation Industry (Supervision) Regulations 1994 (Cth) (SISR) that on its face appears to allow a person of any age to receive their preserved benefits. More specifically, item 108 of sch 1 to the SISR appears to provide that even preserved benefits may be paid to a superannuation fund member [read more]

correcting-misconception

The new 15% tax on $3M+ member total super balances from 1 July 2025 –– a tax analysis

Overview Broadly, from 1 July 2025, where a member’s total superannuation balance (TSB) exceeds $3 million, an increase in their TSB at the end of the relevant financial year (as adjusted for withdrawals and contributions) will be assessed to them personally as ordinary income. The increased amount of TSB will be subject to a maximum 15% tax, [read more]