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Legal documents – non-legally qualified supplier v. law firm

Overview In today’s market, there are numerous options available for obtaining legal documents such as SMSF, company and trust deeds and related documents (Legal Documents). This article explores the advantages and disadvantages of sourcing documents from a non-legally qualified supplier (Non-Qualified Supplier) compared to a law firm. In this article, we aim to provide relevant [read more]

Does your trust deed have appropriate income characterisation and streaming powers img

Does your trust deed have appropriate income characterisation and streaming powers?

The streaming of different types of income in a discretionary trust to different beneficiaries is a common strategy to optimise the tax outcome for beneficiaries (eg, to maximise the value of franking credits and the general 50% CGT discount). Many advisers assume that any deed will allow for streaming, however, this is not always the [read more]

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Approved SMSF auditors and s 109 — a good rule of thumb

As a lawyer, I do a substantial amount of work advising and representing approved SMSF auditors who are being audited/reviewed by the ATO and/or who have been referred to ASIC. Accordingly, I was interested to see an article in selfmanagedsuper quoting ATO Acting Deputy Commissioner Paul Delahunty as follows (https://smsmagazine.com.au/news/2025/01/20/proof-of-transaction-terms-a-concern/): Section 109 [of the SIS Act] [read more]

Your guide to an SMSF exit plan

SMSF Succession Planning — Part 3 — Tax Considerations and Exit Planning

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.   [read more]

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SMSF Succession Planning — Part 2 — The Role of Binding Death Benefit Nominations

This article is part of a series on SMSF succession planning. In Part 1, we explored the key elements of a robust SMSF succession plan with a particular focus on planning for loss of capacity or death. In Part 2, we focus on the important role of binding death benefit nominations (BDBNs). What is a [read more]

Legal document Independent Contractor Agreement on paper close up.

Employee or contractor — ATO common myths – Part 10

This is part 10 of our series of ‘employee versus contractor’ articles. Part 10 focuses on recently updated guidance from the ATO regarding 12 common myths that result in engaging entities incorrectly classifying an employee as a contractor or vice versa. The webpage (QC 33185) can be found here. The other articles (parts 1-9) are linked [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]

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SMSF Succession Planning — Part 1 — Getting Started on Planning for Control

This article is the first in a series on SMSF succession planning. In Part 1, we examine the key characteristics of a sound SMSF succession plan including in relation to planning for control of the fund to pass into trusted hands in the event of a member’s death or loss of capacity. Introduction For many [read more]

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Advantages of ordering unit trusts from DBA Lawyers

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]