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Many strategies are based on the proportioning rule

Co-author by Daniel Butler, Director, DBA Lawyers Introduction We have had numerous queries about the proportioning rule over recent times. A common query is how does the proportioning rule apply and how do you calculate the tax free and taxable components in a superannuation benefit. This article is to assist you understand the fundamentals of [read more]

a hidden gem in new draft legislation

Spotlight on superannuation contributions

The rules relating to superannuation contributions are constantly changing. Consider, for example, a deceptively simple question: How much after tax contributions can a person make? Depending on when in the last 11 years this question was asked, there have been at least four answers and there will soon be a fifth answer. Similarly, consider for [read more]

SMSFs and employee share schemes

SMSFs and employee share schemes

This article examines whether an SMSF can acquire shares offered under an employee share scheme (‘ESS’). What is an ESS? Broadly, an ESS (also known as an employee share plan or employee share ownership plan) typically gives employees the opportunity to purchase shares in their employer. Usually, employees are able to obtain more favourable terms [read more]

a hidden gem in new draft legislation

A hidden gem in new draft legislation

On Friday 14 October 2016, Treasury released the third tranche of draft legislation to implement the announcements in the Federal Budget. The principal component of this tranche was the new non-concessional contribution rules. Hidden in the legislation is a very important concession. I envisage that advisers will only need to apply it a handful of times [read more]

revised contribution proposals

Revised contribution proposals

By: Daniel Butler, Director, DBA Lawyers On 15 September 2016 the Government, following four months of considerable adverse feedback on its $500,000 lifetime non-concessional contributions (‘NCCs’) cap proposal announced on 3 May 2016, has decided to drop this measure (which was retroactive to 1 July 2007) for a more palatable and prospective contributions limit that [read more]

Proposed superannuation reforms – July 2016

Proposed superannuation reforms – July 2016

We are about to enter a period of substantial reform. We have therefore prepared a brief ‘stock take’ of what the reform proposals look like as at the start of July 2016. In particular, we consider the proposals announced in the 3 May 2016 Federal Budget by the Liberal Government. We also briefly compare these [read more]

PCG 2016/5 and non-bank LRBAs — SMSFs get an extension to rectify

PCG 2016/5 and non-bank LRBAs — SMSFs get an extension to rectify

ATO extends the deadline to 31 January 2017 The ATO extension to 31 January 2017 is most welcome to alleviate the concerns that many SMSFs are facing in view of the need to act swiftly to clean up related party and non-bank limited recourse borrowing arrangements (‘LRBA’). Many SMSFs in particular have had to look [read more]