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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]


Demystifying the tax treatment of death benefits paid to the estate

Joseph Cheung, Lawyer and William Fettes, Senior Associate, DBA Lawyers The tax treatment of death benefits paid from an SMSF to a deceased member’s estate can be complex. Tax law contains a ‘look through’ provision in respect of death benefits paid to an estate (ie, to a legal personal representative being the executor of a [read more]


New APRA guidance confirms retirement for members who reach 60 and cease one of two jobs

By Gary Chau, Lawyer, and David Oon, Senior Associate, DBA Lawyers Introduction The Australian Prudential Regulation Authority (‘APRA’) has just updated its Superannuation Prudential Practice Guide SPG 280 — Payment Standards (‘SPG’) in June 2017. Of interest in the SPG are APRA’s comments on the retirement definition in the Superannuation Industry (Supervision) Regulations 1994 (Cth) (‘SISR’), [read more]


Recent court decisions clarify protection of death benefit payments to bankrupts

By Christian Pakpahan, Lawyer and Bryce Figot, Special Counsel, DBA Lawyers Broadly, a member’s interests in a superannuation fund are fully protected upon bankruptcy. This protection even extends to lump sums being paid to the bankrupt. A question that may arise is whether this would be true if the benefit being received by the bankrupt [read more]


The new age TRIS –– tips and traps

Daniel Butler, Director and David Oon, Senior Associate, DBA Lawyers The transition to retirement income stream (‘TRIS’) entered a new era on 1 July 2017 where most members will want their TRIS to enter retirement phase as soon as possible to gain access to an earnings tax exemption. A new law has provided a roadmap [read more]

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What happens to my SMSF when I die? Dispelling common myths about SMSF life after a member’s death

By Christian Pakpahan, Lawyer and Daniel Butler , Director DBA Lawyers There are many myths held regarding what happens to an individual’s self managed superannuation fund (‘SMSF’) when they pass away. Relying on these myths may lead to several undesirable outcomes such as: the wrong people receiving the intended proportion of SMSF assets or superannuation; [read more]


Traps that turn your non-geared unit trust into an in house asset

By Joseph Cheung, Lawyer and David Oon, Senior Associate, DBA Lawyers A reg 13.22C non-geared unit trust (‘NGUT’) is not included as an in-house asset (‘IHA’) at the time of the initial investment provided certain criteria is met. Some trustees may think that they are investing in a reg 13.22C NGUT on the basis that the [read more]

SMSF succession planning

Perry v Nicholson [2017] QSC 163: important lessons on SMSF succession planning

By Bryce Figot, Special Counsel and Daniel Butler, Director, DBA Lawyers The recent decision of Perry v Nicholson [2017] QSC 163 contains various important lessons for SMSF succession planning. Facts The Colin Maurice Superannuation Fund was established on 17 September 2009. The original trustees were Colin Maurice (‘Deceased’) and his adult daughter Sonia Perry, with [read more]


Managing flexi pensions post 1 July 2017

Overview This article considers the impact of the transfers balance cap provisions on flexi pensions, being pensions that comply with reg 1.06(6) of the Superannuation Industry (Supervision) Regulations 1994 (Cth) (‘SISR’). Importantly, flexi pensions do not fall within the definition of a capped defined benefit income stream for the purposes of the transfer balance cap provisions. [read more]

bigstock Overcome trap

Important trap: Payments above ABP minimum

By Joseph Cheung, Lawyer and Bryce Figot, Special Counsel, DBA Lawyers The new transfer balance cap causes a trap for SMSF pensioners who receive payments above the account-based pension (‘ABP’) minimum annual payment. For these pensioners, the capital supporting the pension(s) is reduced by the amount of the pension payments(s), including the amounts above the [read more]