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Categories | SMSF cases & decisions

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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]

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The application of SG to contractors clarified — Part 4

The Full Court of the Federal Court of Australia (Court) recently handed a judgment regarding how the superannuation guarantee (SG) legislation applies to certain contractors: Jamsek v ZG Operations Australia Pty Ltd (No 3) [2023] FCAFC 48 (Jamsek). This case has important implications for businesses that engage individuals where the payment is wholly or principally [read more]

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Recent judgement has important implications for SMSFs with incomplete deed histories

The Victorian Court of Appeal recently handed a judgment regarding a trust with a lost deed: Vanta Pty Ltd v Mantovani [2023] VSCA 53 (http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VSCA//2023/53.html). Although this involved a family trust, rather than an SMSF, this case also has important implications for SMSFs with lost trust deeds. Facts John Mantovani was born in 1960. John’s [read more]

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Does my SMSF deed need updating given ongoing changes?

Failing to keep your SMSF deed up to date can lead to the SMSF failing to optimise tax and contribution concessions, unnecessarily restricting investment opportunities, and can result in funds being unable to function appropriately if a member loses capacity or dies. Deciding when, and with whom, to update the governing rules of an SMSF [read more]

SMSF succession strategies

Preserve the intended control of a company using successor directors

Small private companies are widely used to manage and control financial affairs. They can be used as companies in their own right, but they are also commonly used as trustees for SMSFs and other trusts. Whether a company acts as trustee or not, the directors have day-to-day control over the company. Despite the importance of [read more]

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We now have greater certainty with SMSF BDBNs

This article examines binding death benefit nominations (BDBNs) after the landmark High Court decision on indefinite or non-lapsing BDBNs in Hill v Zuda Pty Ltd [2022] HCA 21 (Hill v Zuda) issued on 15 June 2022. Indefinite or non-lapsing BDBNs A BDBN is a direction made by a fund member to a superannuation fund trustee [read more]

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New option for SMSFs with bankrupt member

Traditionally there were only two options when a self managed superannuation fund(SMSF) member became an ‘insolvent under administration’ (colloquially referred to as a bankrupt). Those two options are: Option 1 — the member had to roll their benefits to an APRA fund; or Option 2 — the SMSF had to be converted to a small APRA fund. [read more]

SMSFs and how the CGT rules work when a pension is in play - Part 1

Big and costly issues can arise for failing to pay the minimum pension before 30 June

Introduction When an SMSF member is in pension phase they have numerous  advantages such as the fund obtaining an income tax exemption for exempt current pension income (ECPI) where no tax is payable on income and capital gains to the extent the fund’s assets are funding a pension in retirement phase. However, the relevant rules [read more]

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Employee or contractor — Payroll Tax considerations — Part 3

Overview Payroll tax is a tax imposed by each state and territory in Australia where the employer’s taxable wages (including any employer superannuation contributions and assessable ‘fringe’ benefits) exceeds the relevant threshold for the period. Payroll tax is levied on wages paid by an employer to an employee and also covers certain payments to contractors. In [read more]