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Categories | Succession planning

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-melbourne-university

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]

Wooster v Morris

The most important case ever in SMSF succession planning … and what it really means

Disclaimer: DBA Lawyers advised the plaintiffs during the course of litigation. We only mention facts made publicly available in the judgement. The recent decision of Wooster v Morris [2013] VSC 594 is the most important decision ever regarding SMSF succession planning. All SMSF practitioners must be aware of its facts and its vital lessons. However, [read more]

International issues facing SMSFs today

International issues facing SMSFs today

This article outlines some of the key international issues facing SMSFs today and addresses the practical skills necessary to ensure that these matters are handled effectively. SMSF residency SMSFs are generally not appropriate for people who spend extended time overseas. Such funds can easily lose their complying status and suffer significant tax penalties. Residency requirements [read more]

SMSF Trustee Disqualification

SMSF trustees — disqualified due to dishonest conduct

Many do not realise the extent of the disqualified person provisions in the Superannuation Industry (Supervision) Act 1993 (Cth) (‘SISA’). This can result in a person inadvertently acting as trustees of self managed superannuation funds (‘SMSF’) while disqualified. Doing so exposes these trustees to significant penalties. We explore some of the nuances of the disqualified [read more]