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Categories | SMSF strategy

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Payments above ABP minimum documentation now covers TRISs in retirement phase

By on 01/11/2018 in Pensions, SMSF strategy, Statistics, Taxation, Trustee education

Daniel Butler ([email protected]), Director, DBA Lawyers   Many in the industry are aware of the potential trap caused by the transfer balance cap (‘TBC’) for SMSF members who receive payments above the account-based pension (‘ABP’) minimum annual amount. Naturally, unless appropriate documentation is in place prior to the payment being made, the entire amount of the [read more]

Minimising lost opportunity: Payments above ABP minimum

Minimising lost opportunity: Payments above ABP minimum

By on 15/10/2018 in ATO, Pensions, SMSF strategy, Taxation, Trustee education

Daniel Butler, Director, DBA Lawyers Significant time has passed since the introduction of the transfer balance cap (‘TBC’). During this period, many have become aware of the potential trap caused by the TBC for SMSF members who receive payments above the account-based pension (‘ABP’) minimum annual amount, and have responded by implementing various strategies to [read more]

SMSF succession strategies

SMSF succession strategies

By on 12/10/2018 in SMSF deeds, SMSF strategy, Succession planning, Trustee education

Daniel Butler, Director There are many strategies put forward on how to provide smooth and effective succession for self managed superannuation funds (‘SMSFs’). Fortunately, while there is no ‘one size fits all’ solution, there are a number of strategies that are simple and cost effective that can substantially bolster your position and set the ‘foundations’ [read more]

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Why should the deposit be paid by the SMSF trustee?

By on 01/10/2018 in Contributions, Limited recourse borrowing arrangements, SMSF strategy, Trustee education

Daniel Butler ([email protected]), Director, DBA Lawyers When self managed superannuation funds (‘SMSFs’) borrow to acquire real property, one of the common mistakes is not having the deposit paid from the bank account of the SMSF trustee. This article highlights the importance of the deposit being paid the SMSF’s bank account and identifies some possible rectification [read more]

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Important Supreme Court decision provides further guidance on binding death benefit nominations

By on 29/08/2018 in Announcements, SMSF cases & decisions, SMSF compliance, SMSF deeds, SMSF strategy, Succession planning, Trustee education

By: Daniel Butler, Director ([email protected]) and Bryce Figot, Special Counsel ([email protected]), DBA Lawyers The recent decision by the Supreme Court of Queensland in the case of Re Narumon Pty Ltd [2018] QSC 185 (‘Narumon’) again confirms the importance of having a quality SMSF document supplier. More specifically, it shows how poorly drafted binding death benefit nomination [read more]

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The sole purpose test substantially clarified by the Full Federal Court in Aussiegolfa Pty Ltd v Commissioner of Taxation.

By on 24/08/2018 in Announcements, ATO, SMSF cases & decisions, SMSF compliance, SMSF strategy, Taxation, Trustee education

Daniel Butler ([email protected]), Director, and William Fettes ([email protected]) Senior Associate, DBA Lawyers A recent unanimous decision of the Full Federal Court represents a major win for SMSFs and taxpayers on the topic of the sole purpose test. This decision overturns the primary judge’s decision at first instance in Aussiegolfa Pty Ltd v Commissioner of Taxation [read more]

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Strategies to reduce your total superannuation balance: Part 3

By on 14/08/2018 in Contributions, SMSF strategy, Taxation

Daniel Butler ([email protected]), Director and William Fettes ([email protected]), Senior Associate, DBA Lawyers Due to the importance of total superannuation balance (‘TSB’) testing under the major superannuation reforms, fund members have a strong incentive to carefully monitor their TSB over time and plan accordingly to moderate their TSB to fall within certain key thresholds. In part 1 [read more]

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SMSFs –– the CGT withholding regime on property transfers is far broader than many think

By on 01/08/2018 in ATO, Investments, Limited recourse borrowing arrangements, SMSF compliance, SMSF strategy, Taxation, Trustee education

By: Daniel Butler, Director ([email protected]), DBA Lawyers Most people by now may be aware of the non-resident capital gains tax withholding (‘Withholding Regime’), which applies to vendors disposing of certain taxable property. Broadly, the Withholding Regime was introduced to allow the Australian government to obtain tax in respect of foreign vendors. However, the Withholding Regime [read more]

SMSF deeds – which supplier should you use: a law firm or a non-qualified supplier?

By on 17/07/2018 in SMSF compliance, SMSF deeds, SMSF strategy, Trustee education

1. Introduction There are numerous suppliers of self managed superannuation funds (‘SMSFs’) deeds apart from law firms with SMSF expertise. These days, for instance, there are a range of other (non-qualified) suppliers who supply SMSF deeds. These suppliers may deliver complex documents without any qualifications or expertise. This article seeks to explain the main differences [read more]

Stocktake on recent superannuation changes – when will the Government give us a long-term vision?

By on 17/07/2018 in Announcements, Contributions, Federal Budget, Pensions, SMSF strategy, Taxation

Daniel Butler, Director ([email protected]) We have recently experienced substantial superannuation changes during the period of 1 July 2017 to 30 June 2018. I therefore provide a brief ‘stocktake’ of the changes introduced by the current Coalition Government. A number of these policies were adverse to many members. Prime Minister Malcolm Turnbull has said that the [read more]