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SMSFs & Family Law Super Splitting

SMSFs & Family Law Super Splitting

Introduction A superannuation interest is considered ‘property’ for the purposes of the Family Law Act 1975 (Cth) (‘FLA’). Thus, it may be split in a similar manner as the parties’ other assets in response to a relationship breakdown. Indeed, the superannuation splitting laws extend to all de facto relationships in all states and territories, except [read more]

dishonesty disqualifies

What type of dishonesty disqualifies a person from having an SMSF?

By Daniel Butler, Director ([email protected]), DBA Lawyers Introduction This article examines the nature of disqualification and what convictions can preclude a person from forever being an SMSF trustee/director. Given the serious consequences of disqualification, it is important to consider the circumstances in which a person may have been automatically, and even unknowingly, disqualified. SMSF members should also [read more]

What limits SMSF advisers should be aware of when providing advice

What limits SMSF advisers should be aware of when providing advice

By Daniel Butler, Director ([email protected]), DBA Lawyers Overview This articles examine what advice SMSF advisers can and cannot provide without ‘stepping over the line’ especially in providing taxation, financial product or legal advice which they may not be permitted to provide. For example, an adviser providing legal advice or services (eg, preparing an SMSF deed [read more]

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ATO auditing SMSF auditors: a warning to advisers

By Daniel Butler, Director ([email protected]), DBA Lawyers Overview The ATO has recently updated its approved SMSF auditor checklist. This checklist sets certain minimum expectations of auditors and is used by the ATO when reviewing an auditor’s competency. This checklist can be found at https://www.ato.gov.au/assets/0/104/2244/2335/9c29ecc7-c31a-4253-b1ae-9fecbb45d252.pdf. The professional obligations of SMSF auditors are contained in Part 16 [read more]

LRBAs — current tips and traps

LRBAs — current tips and traps

By Allison Murphy, Lawyer ([email protected]), and William Fettes, Senior Associate ([email protected]), DBA Lawyers The limited recourse borrowing arrangement (‘LRBA’) lending market has undergone a significant shift in recent years, with most first-tier bank lenders withdrawing their LRBA offerings for purchasers of residential property. As a result, several smaller second-tier lenders have emerged to fill the [read more]

Reversionary pensions v. BBDNs: advisers’ risks

Reversionary pensions v. BBDNs: advisers’ risks

By Bryce Figot, Special Counsel ([email protected]), and Daniel Butler, Director ([email protected]), DBA Lawyers Introduction There has been a number of commentators suggesting that if a pension reversion nomination conflicts with a binding death benefit nomination (‘BDBN’), the pension reversion nomination prevails. While we acknowledge the answer is not necessarily black and white; as it depends [read more]

SMSF investment strategies –– are they a financial product?

SMSF investment strategies –– are they a financial product?

Daniel Butler, Director ([email protected]), and Bryce Figot, Special Counsel ([email protected]), DBA Lawyers Many advisers do not foresee the potential flow-on legal consequences from merely providing an investment strategy template to an SMSF client. Indeed, many believe they are merely assisting their client particularly to ensure the SMSF will have the necessary paperwork to survive an [read more]

LRBA Wind Up Documentation

LRBA Wind Up Documentation

By Kimberley Noah ([email protected]), Lawyer When winding up a limited recourse borrowing arrangement (‘LRBA’), appropriate documentation is required. Broadly, an SMSF trustee has the right to acquire legal ownership of an LRBA asset (ie, from the relevant custodian/bare trustee) after the loan is fully repaid. Refer to s 67A(1)(c) of the Superannuation Industry (Supervision) Act [read more]

Investment strategies –– what SMSF trustees must do

Investment strategies –– what SMSF trustees must do

Daniel Butler, Director ([email protected]), and Bryce Figot, Special Counsel ([email protected]), DBA Lawyers This article provides some background and some key points to SMSF investment strategies. What is an investment strategy? An investment strategy is a plan for making, holding and realising assets consistent with the investment objectives adopted by an SMSF trustee. An investment strategy [read more]