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Categories | Succession planning

beers

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

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]

sloth

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]

bankrupt

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]

tris

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]

thomb flowers

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]

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]

clockmoney

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]

moneyinglass

Is there any benefit in commuting a market linked pension from 1 July 2017?

Market linked pensions and transfer balance cap provisions Where a market linked pension (‘MLP’) is being paid just before 1 July 2017, the MLP will fall within the definition of a capped defined benefit income stream for the purposes of the transfer balance cap provisions. Importantly, the total balance of an MLP commenced just before [read more]

SMSF Deed

DBA Lawyers’ SMSF deed

Daniel Butler ([email protected]), Director, DBA Lawyers Not only does DBA Lawyers have the best SMSF deed and documents available, we offer many value added benefits that are not available in other deeds. A review of a recent non-DBA Lawyers’ SMSF deed Before discussing some of the benefits of our SMSF deed, I summarise some review [read more]