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DBA Lawyers in Asset magazine — The tax trap for super death benefits paid to a deceased estate

This article originally appeared in the March 2014 edition of Asset Magazine (Financial Review). If superannuation death benefits are paid to the estate, a quirk in the law can mean higher tax and increased administration costs. Advisers are well-placed to add value by alerting clients and lawyers to this possible tax trap. Where does a [read more]

red cherry

Preservation rules — a little known quirk and how to use it for clients to cherry pick

A little known quirk in the preservation rules can have important implications for clients. This article explains how the quirk arises, and then how to use it to advantage clients. In a nutshell the quirk allows trustees of super funds to ‘cherry pick’ whether to fund pensions from unrestricted non-preserved benefits or preserved benefits. Legislative [read more]


TD 2013/22 & ID 2012/16: ATO confirms that each contribution made to a reserve requires an objection

By Daniel Butler, Director, and Bryce Figot, Director, both of DBA Lawyers The ATO has confirmed that contribution reserving is a viable strategy. The ATO has issued an interpretative decision (‘ID’) ATO ID 2012/16 relating to contribution reserving up to 30 June 2013 and a tax determination (‘TD’) TD 2013/22 in respect of contributions made [read more]

ATO ID 2014-2 and pensions deceased estate

ATO ID 2014/2 and pensions to a deceased estate?

Some advisers may have previously recommended that there are opportunities to continue paying a pension following a member’s death to their deceased estate. However, ATO ID 2014/2 provides a real hurdle to this strategy! (Note that this has been a somewhat busy time for the ATO and interpretative decisions regarding pensions. The ATO also recently [read more]


Lecturing at Melbourne University — handout available

Since 2010 I’ve been lecturing at Melbourne University, presenting the SMSF component of the Master of Laws subject ‘Superannuation Law‘. Melbourne University is my ‘alma mater’. I fully enjoyed studying there for my undergraduate degrees and masters degree and I’m always very happy to be able to give back to the legal community. I’m lecturing [read more]

latest on reserving-TD 2013-22

Latest on reserving — TD 2013/22

A new ATO release (TD 2013/22) provides further guidance for contribution reserving. In many ways, it is very similar to its predecessor, ATO ID 2012/16. However, it has some important differences. The facts The facts of TD 2013/22 are very comparable to ATO ID 2012/16, which encouraged the growth of contribution reserving. In TD 2013 [read more]