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Proposed changes to the taxation of discretionary trusts from 1 July 2028

The Government 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 Government’s justification The Labor Government’s stated policy behind the proposed change is to improve ‘the [read more]

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Do you know these contribution rules (Part 1)?

Introduction This article is the first part in a series that covers the key aspects of super contributions. To grow your super with contributions and derive maximum benefits, it is important to understand the opportunities and traps involved. A robust contribution strategy should consider, among other things, the technical rules, contribution caps and the treatment [read more]

e-tax, Businesman show TAX for Individual income tax return form online for tax payment concept. Government, state taxes. Data analysis, paperwork, financial research, report. Calculation tax return.

Do I need a deed update for Div 296?

With Div 296 now commencing from 1 July 2026 many advisers and trustees are asking us: ‘Do I need to update my deed?’. As usual, the answer is not straightforward. What is Div 296? Generally speaking, tax outcomes for an SMSF are driven by the relevant legislation and regulations, with the deed having a more [read more]

Close up of typewriter and Deed of trust

Family trust elections — FTDT and GIC — Part 4

This is part 4 of our series of articles on key issues relating to family trust elections (FTEs) and interposed entity elections (IEEs). In this article, we outline the imposition of family trust distribution tax (FTDT) and the general interest charge (GIC). Broadly, distributions made outside of the relevant family group by an entity that [read more]

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Family trust elections — Distributions — Part 3

This is Part 3 of our series of articles on key issues relating to family trust elections (FTEs) and interposed entity elections (IEEs). In this article, we examine the meaning of ‘distribution’ for the purposes of the relevant provisions of Schedule 2F of the Income Tax Assessment Act 1936 (Cth) (ITAA 1936). Distributions made outside of [read more]

e-tax, Businesman show TAX for Individual income tax return form online for tax payment concept. Government, state taxes. Data analysis, paperwork, financial research, report. Calculation tax return.

A handy tool to explain Division 296 tax to clients

Many SMSF clients want to understand how the new Division 296 tax might work. We have found that it can be difficult to succinctly communicate this in practice. However, we hope we can provide a helpful tool! The tools are the following formulas. These formulas provide a succinct summary of how the new tax might [read more]

e-tax, Businesman show TAX for Individual income tax return form online for tax payment concept. Government, state taxes. Data analysis, paperwork, financial research, report. Calculation tax return.

Division 296: revised $3m+ super tax

The Treasury Laws Amendment (Better Targeted Superannuation Concessions) Bill 2025 was released on 19 December 2025 for members with superannuation balances over $3 million. The closing date for feedback on the revised exposure draft legislation was 16 January 2026 and The Tax Institute made a comprehensive submission on the revised provisions. The revised provisions include [read more]

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Family trust elections — interposed entity elections and revocations — Part 2

This is Part 2 of our series of articles on key issues relating to family trust elections (FTEs) and interposed entity elections (IEEs). Part 1 provided a general overview of FTEs, the family group and the ATO’s recent increased focus in this area.  In this article, we examine IEEs, revoking an election and lost election [read more]

Splitting documents should not be overlooked

SMSF super splits, the tips and traps – Part 2

SMSF super splits, the tips and traps – Part 2 This is the second article in our series examining key technical issues that arise in SMSF superannuation splits following a relationship breakdown. Part 1 focused on the compliance and procedural requirements under Division 7A.2 of the Superannuation Industry (Supervision) Regulations 1994 (Cth) (SISR) and the Family [read more]

Splitting documents should not be overlooked

SMSF super splits, the tips and traps – Part 1

SMSF super splits, the tips and traps – Part 1 This article is the first part in a series that covers some of the key tips and traps of SMSF super splits following a relationship breakdown. Superannuation interests, particularly in SMSFs, require careful handling in family law settlements. Although court orders and binding financial agreements [read more]