Top Navigation

Categories | SMSF strategy

cat dog heart

Spousal contributions and contributions split

By Gary Chau, Lawyer, and William Fettes, Senior Associate, DBA Lawyers Introduction There are a few different ways that individuals can contribute money into superannuation for the benefit of their spouse. Taking advantage of these contribution options can help spouses achieve parity in relation to their respective super account balances over time and provide increased [read more]

Family genealogic tree. Parents and grandparents, children and cousins.

Who is your relative for SMSF purposes and why is this relevant?

Joseph Cheung, Lawyer and David Oon, Senior Associate, DBA Lawyers It is important to understand who is an individual’s relative for superannuation law purposes as the Superannuation Industry (Supervision) Act 1993 (Cth) (‘SISA’) imposes certain boundaries on an SMSF’s activities in relation to an individual’s relative or related party. There are two definitions of the [read more]

shakehands

Why should you order trusts from DBA Lawyers?

Gary Chau, Lawyer, and Daniel Butler, Director, DBA Lawyers Introduction While DBA is recognised as Australia’s leading SMSF law firm, it is  also well known for it’s great depth of tax and trusts expertise. In particular, DBA Lawyers offers an excellent discretionary trust deed that is easy to read, provides great flexibility and reflects the [read more]

chess

Payments above ABP minimum — Reasons to prospectively document a strategy ASAP

 Joseph Cheung, Lawyer and  Bryce Figot, Special Counsel, DBA Lawyers  Payments above the account-based pension (‘ABP’) minimum annual payment have the potential to become a trap. The June 2017 SMSF Benchmark Report by Class Super states that ‘the average SMSF pensioner withdraws about $74,000 annually on their pension over a series of 12 transactions and [read more]

image-12

Reversionary transition to retirement income streams

William Fettes, Senior Associate, Daniel Butler, Director, DBA Lawyers The new rules that govern when a transition to retirement income stream (‘TRIS’) enters retirement phase give rise to a number of complex issues in the context of reversionary nominations and death. This article examines the retirement phase rules and reversionary TRISs in detail, based on [read more]

Woman in a multitasking mode. Isolated, white background. Concept of modern woman who plays multiple roles at the same time: manager, housewife, mother, fashion female.

Limited recourse borrowing arrangements can use one bare trustee for multiple bare trusts

Gary Chau, Lawyer, and David Oon, Senior Associate, DBA Lawyers Introduction A common question we get asked when a client’s self managed superannuation fund (‘SMSF’) is undertaking a limited recourse borrowing arrangements (‘LRBA’) is whether there needs to be a separate bare trustee (usually a company) for each bare trust. The short answer is no. [read more]

shakehands

2017 Supreme Court challenge to BDBN fails due to valid service on corporate trustee

William Fettes, Senior Associate, Bryce Figot, Special Counsel, DBA Lawyers Disclaimer: DBA Lawyers provided advice to one of the parties in Cantor Management Services Pty Ltd v Booth. We only mention facts made publicly available in the judgement. The recent decision of Cantor Management Services Pty Ltd v Booth [2017] SASCFC 122 provides important guidance [read more]

beers

Is maintaining a second SMSF a Part IVA risk?

Daniel Butler, Director and David Oon, Senior Associate, DBA Lawyers This article examines the query of whether having a second or, indeed even more than two, self managed superannuation funds (‘SMSFs’) would give rise to a Part IVA (of the Income Tax Assessment Act 1936 (Cth) (‘ITAA36’)) risk. Please note that this article is not [read more]