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How long can an SMSF BDBN last for? The High Court answers in Hill v Zuda

The High Court of Australia has settled the debate on how long an SMSF BDBN can last for. Implicitly this judgement also provides support in answering other critical SMSF succession planning questions, such as: Can a BDBN make a pension reversion mid-stream? Can a BDBN override pension documentation? Do you actually want a BDBN to [read more]

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Advantages of the DBA Lawyers SMSF deed (2022-23)

DBA Lawyers latest SMSF governing rules and related documents include many value-added features. This article briefly explains why our SMSF documents are the best available. Recent changes to DBA Lawyers’ SMSF governing rules Our latest DBA Lawyers’ SMSF governing rules (version 2022-23) comes with the following upgrades: express exclusion of reg 6.17A given the High [read more]

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The latest news on NALI & NALE

As we draw to the end of FY2022 it is important for advisers to be aware of the changes to the Commissioner’s application of the non-arm’s length income (NALI) provisions. PCG 2020/5 In light of the Commissioner’s general expense nexus view causing controversy within the industry (both with large APRA funds and SMSFs), the Commissioner [read more]

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High Court case on BDBNs clarifies 3 year or indefinite and other key aspects

The High Court has just handed down its judgement in Hill v Zuda. This is a significant decision with widespread ramifications that all SMSF practitioners, accountants, financial planners, lawyers and other advisers must be aware of! On Wednesday 22 June (12–1:30 AEST) Bryce Figot from DBA Lawyers will be presenting a webinar discussing: – what [read more]

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Succession Planning seminar

On Friday 5 August 2022, Bryce Figot, Special Counsel of DBA Lawyers, will be presenting an SMSF Succession Planning seminar. Bryce will present a face-to-face practical, step-by-step guide on how to ensure that a member’s SMSF benefits are appropriately dealt with upon their incapacity or death. It is designed for financial planners, accountants, auditors, SMSF [read more]

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Employee or contractor –– High Court focus on contract v. multi-factors –– Part 2

The law in relation to who is an employee or independent contractor has developed over many years both here in Australia and overseas. Several recent Australian High Court decisions provide greater clarity on this distinction which we discuss below. Employee v contractor ­­– PAYG & SG – Part 1 Note that this is the second [read more]

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Tasmania introducing foreign person land tax and duty changes

Overview The Tasmanian Government has recently introduced legislation to impose a Foreign Investor Land Tax Surcharge, a commitment from the 2021 state election. There has also been legislation introduced that would amend the Foreign Investor Duty Surcharge for Tasmania. This article acts as a brief simplified overview as there are complexities that must be considered [read more]

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What to watch out for when an SMSF trustee is deregistered

Overview A corporate trustee is strongly recommended compared to individual trustees. However, issues can arise if the company’s compliance slips, and the company is deregistered. We examine a case here to showcase the issues that can arise where the remaining fund member died without a will and without any succession plans in place for the [read more]

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New choice simplifies ECPI claims via the unsegregated or actuarial method

On 10 February 2022, the Federal Parliament passed Treasury Laws Amendment (Enhancing Superannuation Outcomes For Australians and Helping Australian Businesses Invest) Bill 2021 (Bill) which contains an important measure impacting how SMSFs can claim exempt current pension income (ECPI). In broad terms, the ECPI changes in the Bill improve the ability of fund trustees to [read more]