Special Disability Trusts (SDTs) can be an important estate planning tool for families seeking to provide financial security and structured support for a loved one with a severe disability. SDTs offer advantages over other trust structures. These include more favourable social security means testing and other tax concessions, such as unexpended income being taxed at [read more]
The trustees of self managed superannuation funds (SMSFs) must be aware of the non-arm’s length income (NALI) provisions and how they interact with other areas of tax and superannuation law. Part 4 of this series considers NALI interactions with contributions and the capital gains tax (CGT) provisions. Contributions and NALI Despite the recent changes to [read more]
Division 296 first floated in March 2023 A report on the proposed Division 296 tax, being an additional 15 per cent tax to future earnings of member balances above $3 million from 1 July 2025, was released by Treasury on 2 March 2023 titled ‘Impact Analysis Better Targeted Superannuation Concessions’ (Report). The Report examined how [read more]
Freedom of Information (FOI) laws provides individuals and private entities with powerful rights to access information held by government bodies. This article considers a taxpayer’s rights to make an FOI request to obtain information from the ATO in respect of their tax affairs. We discuss who can and how to lodge a request, the likely [read more]
This article focuses on when a non-arm’s length general expense (General NALE) in a self managed superannuation fund (SMSF) will give rise to a non-arm’s length income (NALI). This Part 3 examines General NALE found in subsections 295-550(8) and (9) of the Income Tax Assessment Act 1997 (Cth) (ITAA 1997). Parts 1 and 2 and related articles are [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 2025-26) comes with the following updates: specific wording to provide for commutations of legacy [read more]
A DBA company offers many advantages not found anywhere else. The DBA constitution is strategically drafted for all companies including where the company will trade in its own right, or where it acts as the trustee of an SMSF, discretionary trust or unit trust. New companies are provided with our constitution at the outset and [read more]
Under the DBA Lawyers’ company constitution, a director is empowered to nominate a successor director (SD) to be appointed as a director upon the occurrence of their loss of capacity or death (ie, a ‘trigger event’). Upon a trigger event, the nominated SD is automatically appointed as a director, provided they consent and either hold [read more]
The recent Federal Court case of Lynn v Australian Financial Complaints Authority [2025] FCA 175 involved a legal challenge to a determination made by the Australian Financial Complaints Authority’s (AFCA) on payment superannuation death benefits from a large public-offer fund. The case provides useful guidance on AFCA’s role in handling death benefit complaints, the grounds [read more]
The identification and rectification of missing or deficient documentation concerning SMSFs, trusts, and companies are critical matters and expert input is essential. DBA Lawyers regularly handles assignments that involve thorough document trail reviews as well as confirmation and/or ratification of previous documents. We are one of the few firms who provide such remedial review services [read more]
