The recent Victorian Civil and Administrative Tribunal (VCAT) decision in Tao v Commissioner of State Revenue (Review and Regulation) [2024] VCAT 637 (Tao) illustrates that a person can incur duty when they acquire control of a landholder (eg, including a change in the directorship and/or shareholding of a trustee company). This can occur even without [read more]
The trustees of self managed superannuation funds (SMSFs) must be aware of the non-arm’s length income (NALI) provisions and how they interact with other areas of tax and superannuation law. Part 4 of this series considers NALI interactions with contributions and the capital gains tax (CGT) provisions. Contributions and NALI Despite the recent changes to [read more]
Freedom of Information (FOI) laws provides individuals and private entities with powerful rights to access information held by government bodies. This article considers a taxpayer’s rights to make an FOI request to obtain information from the ATO in respect of their tax affairs. We discuss who can and how to lodge a request, the likely [read more]
Introduction Unit trusts are a common investment structure in Australia and can provide a simple way for parties to pool money and invest together. In particular, investing via a unit trust is a popular way for SMSFs to gain real estate exposure and is often used where real estate is being developed. While the terms [read more]
The recent Federal Court case of Lynn v Australian Financial Complaints Authority [2025] FCA 175 involved a legal challenge to a determination made by the Australian Financial Complaints Authority’s (AFCA) on payment superannuation death benefits from a large public-offer fund. The case provides useful guidance on AFCA’s role in handling death benefit complaints, the grounds [read more]
This article is part of a series on SMSF succession planning. In Part 2, we explored the important role of binding death benefit nominations (BDBNs). In Part 3, we examine tax considerations for superannuation death benefits, as well as planning options for arranging a timely payment of benefits to the member before their death. Income [read more]
DBA Lawyers has always focused on providing quality documents and service instead of competing with other document suppliers on price. As lawyers advising on unit trust investments, we better understand the needs and risks inherent in such transactions and develop our documents based on this experience. We often advise clients who have not obtained appropriate [read more]
While DBA is recognised as Australia’s leading SMSF law firm, it is also well known for its trust law experience and trust documents. We believe that we offer an excellent discretionary trust deed that is easy to read, provides great flexibility and reflects the latest legal developments. As lawyers advising on discretionary trust issues and [read more]
The holiday home exemption (HH Exemption) from the vacant residential land tax (VRLT) in Victoria has been extended to holiday homes owned by companies, unit trusts, fixed trusts and discretionary trusts (DT) provided certain criteria is met. This extension was in the State Taxation Amendment Act 2024 (Vic) (STA Act) that was finalised as law [read more]
Unless carefully managed, unpaid present entitlements (UPEs) and beneficiary accounts in family/discretionary trusts can give rise to significant tax risks. Section 100A anti-avoidance provisions Section 100A of the Income Tax Assessment Act 1936 (Cth) (ITAA 1936) is an anti-avoidance provision that applies to arrangements where one person receives a benefit from a trust but another [read more]
