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SMSF Bank Accounts and Overdraft Implications

SMSF bank accounts and overdraft implications

Bank accounts are essential for a self managed superannuation fund (SMSF). For example, an SMSF typically requires a bank account to accept receipts including contributions and rollovers and pay expenses and benefits. However, many SMSF trustees fail to realise that some bank accounts are riskier than others. This article outlines the importance of preventing a [read more]

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When does Division 296 tax ($3M+) make super not worth it?

Short answer The short answer is that clients should conduct detailed financial modelling and make an objective decision based on the numbers after examining their available options having regard to their particular factual circumstances. Generally, clients should not act hastily and should be better positioned to make a more informed decision closer to 30 June [read more]

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Employee or contractor – new changes to the Fair Work Act – Part 7

This is part 7 of our series of ‘employee versus contractor’ articles. Part 7 focuses on recent changes by the Federal Government to the definition of ‘employer’ and ‘employee’ in the context of the Fair Work Act 2009 (Cth) (FWA). The other articles (parts 1-6) are linked under the Related Articles heading below. Overview The [read more]

Arms touching expenses

Status update on the non-arm’s length expense legislation as Senate approves

The non-arm’s length expense (NALE) legislation was approved by the Senate on 27 March 2024. The draft legislation (ie, the Treasury Laws Amendment (Support for Small Business and Charities and Other Measures) Bill 2023 (Bill)) that includes a limit on general NALE for SMSFs, now awaits approval from the House of Representatives. Parliament resumes on [read more]

Deed of trust

Does a change of trustee deed in NSW require registration?

Preparing a valid change of trustee deed can prove complex as, among other things, the governing rules of the trust or SMSF must be complied with, the correct parties must be made a party and the deed needs to be appropriately drafted. Moreover, in New South Wales (NSW), the question also arises –– whether a [read more]

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Recent AFCA decision protects SMSF interests

A recent Australian Financial Complaints Authority (AFCA) decision highlights the consequences for financial advisers when they fail to meet their service obligations. Under the Corporations Act 2001 (Cth) (CA) financial advisers are required to ‘act in the best interests of the client’ and ‘must only provide advice if it would be reasonable to conclude that [read more]

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Vacant residential land tax — Q&A from recent DBA webinar

This question and answer sheet was prepared following a recent webinar on VRLT presented by DBA Lawyers. A number of queries were raised at this webinar. This Q&A is a summary of the key queries with brief answers. Naturally, we would be pleased to assist with any query. Q-1. Can VRLT be tax deductible? A-1. [read more]

Trader writing increasing graph on coins stacking for investment profit growth and saving concept.

Family trust subject to surcharge land tax in NSW as deed did not exclude foreign persons

Overview Unless a discretionary trust deed excludes foreign persons, foreign trustees and foreign corporations, significant additional duty and land tax is typically imposed if the trust acquires residential property. The best way to minimise such tax is to make sure you obtain assistance from a quality supplier and obtain advice well in advance. Why did [read more]

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SMSFs buying overseas property – tips & traps

Overseas property may appear as an attractive investment on the surface. However, when an SMSF is the purchaser there are several compliance traps for trustees to navigate. SMSF trustees can purchase property either outright with SMSF funds or via a limited recourse borrowing arrangement (LRBA). To illustrate the potential risks involved, each of these types [read more]