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Categories | SMSF strategy

More businesses protected under unfair contract terms provisions

On 13 September 2023, Treasury Laws Amendment (Support for Small Business and Charities and Other Measures) Bill 2023 (Cth) was introduced into the House of Representatives (NALE Bill). The NALE Bill provide guidance on changes to the non-arm’s length expense (NALE) provisions introduced in s 295-550(1)(b) and (c) of the Income Tax Assessment Act 1997 [read more]

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Family law super splitting notices are a compliance requirement and can impact CGT roll-over relief

On 13 September 2023, Treasury Laws Amendment (Support for Small Business and Charities and Other Measures) Bill 2023 (Cth) was introduced into the House of Representatives (NALE Bill). The NALE Bill provide guidance on changes to the non-arm’s length expense (NALE) provisions introduced in s 295-550(1)(b) and (c) of the Income Tax Assessment Act 1997 [read more]

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New 15% tax on $3M+ member super balances –– exposure draft legislation now issued as Div 296 tax

Overview The Treasury Laws Amendment (Better Targeted Superannuation Concessions) Bill 2023 (Draft Bill), together with accompanying explanatory materials, was released by Treasury for public consultation on 3 October 2023. This follows the release by Treasury of a consultation paper, Better Targeted Superannuation Concessions (consultation paper) on 31 March 2023. The Draft Bill proposes to insert [read more]

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NALE changes introduced as Bill on 13 September 2023

On 13 September 2023, Treasury Laws Amendment (Support for Small Business and Charities and Other Measures) Bill 2023 (Cth) was introduced into the House of Representatives (NALE Bill). The NALE Bill provide guidance on changes to the non-arm’s length expense (NALE) provisions introduced in s 295-550(1)(b) and (c) of the Income Tax Assessment Act 1997 [read more]

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How the NALI provisions and the CGT provisions interact: draft ATO determination provides important guidance (TD 2023/D1)

There has been uncertainty as to how the following two provisions interact: (1) the non-arm’s length income (NALI) provisions in s 295‑550 of the Income Tax Assessment Act 1997 (Cth) (ITAA 1997); and (2) the Capital Gains Tax (CGT) provisions in s 102‑5 of the ITAA 1997. The ATO has recently released Draft Taxation Determination TD 2023/D1. [read more]

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Does your SMSF or trust deed unnecessarily require general purpose, more costly, financial statements?

From July 2021 changes to the Australian Accounting Standards (AAS) have meant that many SMSFs and trusts (including discretionary and unit trusts) are required to prepare general purpose financial statements that comply with AAS. Importantly, SMSFs and trusts are impacted by the changed standards where: The SMSF or trust deed or other document requires the [read more]

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New SMSF case demonstrates how not to have non-arm’s length income

A recent AAT decision illustrates the sorts of evidence that might be necessary in order for an SMSF to not have non-arm’s length income (NALI). Accordingly, advisers working with SMSFs should pay close attention to this decision and the evidence that an SMSF should collect and retain. The decision is BPFN and Commissioner of Taxation [read more]