The Government has released draft legislation on the proposed minimum 30% tax on trustees of discretionary trusts (DTs). The draft legislation released on 3 September 2026 represents a significant departure from what was initially outlined in the Federal Budget on 12 May 2026. The release contained a fact sheet, four pieces of draft legislation and [read more]
Background/overview Failing to keep your SMSF deed up to date can lead to the SMSF failing to optimise tax and contribution concessions, unnecessarily restricting investment opportunities, and can result in funds being unable to function appropriately if a member loses capacity or dies. Deciding when, and with whom, to update the governing rules of an [read more]
About our governing rules DBA Lawyers is Australia’s leading SMSF law firm. We have been refining our SMSF governing rules and related documents for well over 30 years, making it the best SMSF rules available. Our SMSF governing rules contain numerous ‘value-added’ advantages that are not available in most other offerings. Additionally, our SMSF rules [read more]
Background This article covers recent changes to the UK Inheritance Tax (IHT) regime, involving changes to the calculations of the value of a person’s estate such that it includes unused pension funds and pension death benefits (Pension Benefits). We also discuss the impact that binding death benefit nominations (BDBNs) have for IHT purposes prior to [read more]
The Government’s proposed minimum 30% non-refundable tax credit (NRT Credit) on trustees of discretionary trusts (DTs) announced in the Federal Budget on 12 May 2026 will have a significant impact on tax planning and investment structures, including impacting SMSFs. The Treasury Consultation Paper (C-Paper) in respect of these changes was released on 8 July 2026 [read more]
A discussion about capacity to make decisions can focus on what control means, how it can be maintained with assistance, and what the client wants to happen when decision-making capacity is lost. Such discussions can be used to equip individuals with the mechanisms to preserve control and agency, whilst taking advantage of assistance and delegation [read more]
DBA Lawyers latest SMSF governing rules and related documents include many value-added features. This article briefly explains why our SMSF documents are the best available. Recent changes to DBA Lawyers’ SMSF governing rules Our latest DBA Lawyers’ SMSF governing rules (version 2026-27) includes the following updates: powers surrounding management and provision of information for the [read more]
Background Anyone with a total superannuation balance (TSB) over $3 million no doubt will be aware of the new Division 296 tax. Indeed, anyone who even thinks that they might one day have such a TSB will probably be aware. Division 296 tax will come into effect on 1 July 2026. Significant Division 296 tax [read more]
As the end of financial year (EoFY) approaches, trustees and their advisers need to be aware of their trust obligations to ensure ongoing compliance and to manage tax liabilities. The ATO has released a list of tips designed to assist with this process, which can be found here. We cover the key parts of the [read more]
Lin v Yim & Anor [2026] QSC 57 – when superannuation benefits cease being ‘super’ The recent Queensland Supreme Court decision in Lin v Yim & Anor [2026] QSC 57 highlights the importance of properly integrating SMSF succession with broader estate planning. This case involved an SMSF member who, shortly prior to death, implemented an [read more]
