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beers

Is maintaining a second SMSF a Part IVA risk?

Daniel Butler, Director and David Oon, Senior Associate, DBA Lawyers This article examines the query of whether having a second or, indeed even more than two, self managed superannuation funds (‘SMSFs’) would give rise to a Part IVA (of the Income Tax Assessment Act 1936 (Cth) (‘ITAA36’)) risk. Please note that this article is not [read more]

Demystifying

Demystifying the tax treatment of death benefits paid to the estate

Joseph Cheung, Lawyer and William Fettes, Senior Associate, DBA Lawyers The tax treatment of death benefits paid from an SMSF to a deceased member’s estate can be complex. Tax law contains a ‘look through’ provision in respect of death benefits paid to an estate (ie, to a legal personal representative being the executor of a [read more]

tris

The new age TRIS –– tips and traps

Daniel Butler, Director and David Oon, Senior Associate, DBA Lawyers The transition to retirement income stream (‘TRIS’) entered a new era on 1 July 2017 where most members will want their TRIS to enter retirement phase as soon as possible to gain access to an earnings tax exemption. A new law has provided a roadmap [read more]

thomb flowers

What happens to my SMSF when I die? Dispelling common myths about SMSF life after a member’s death

By Christian Pakpahan, Lawyer and Daniel Butler , Director DBA Lawyers There are many myths held regarding what happens to an individual’s self managed superannuation fund (‘SMSF’) when they pass away. Relying on these myths may lead to several undesirable outcomes such as: the wrong people receiving the intended proportion of SMSF assets or superannuation; [read more]

bug

Traps that turn your non-geared unit trust into an in house asset

By Joseph Cheung, Lawyer and David Oon, Senior Associate, DBA Lawyers A reg 13.22C non-geared unit trust (‘NGUT’) is not included as an in-house asset (‘IHA’) at the time of the initial investment provided certain criteria is met. Some trustees may think that they are investing in a reg 13.22C NGUT on the basis that the [read more]

SMSF Deed

DBA Lawyers’ SMSF deed

Daniel Butler ([email protected]), Director, DBA Lawyers Not only does DBA Lawyers have the best SMSF deed and documents available, we offer many value added benefits that are not available in other deeds. A review of a recent non-DBA Lawyers’ SMSF deed Before discussing some of the benefits of our SMSF deed, I summarise some review [read more]

intensive subject superannuation via melbourne university

DBA Lawyers lecturing at Melbourne Uni — special lectures open to public

Daniel Butler and Bryce Figot are senior fellows at Melbourne University’s Law School, lecturing the intensive subject ‘Taxation of Superannuation’. Typically, the intensive subject only runs annually or biennially. However, Melbourne University has organised several lectures open to the public regarding the upcoming superannuation reforms. For more information click here or contact Melbourne University: Claudine [read more]

growth

Many strategies are based on the proportioning rule

Co-author by Daniel Butler, Director, DBA Lawyers Introduction We have had numerous queries about the proportioning rule over recent times. A common query is how does the proportioning rule apply and how do you calculate the tax free and taxable components in a superannuation benefit. This article is to assist you understand the fundamentals of [read more]

SMSF Deed

Advantages of the DBA Lawyers SMSF deed

DBA Lawyers is Australia’s leading SMSF law firm. We have been refining our SMSF deed for well over 20 years, making it the best SMSF deed available. Additionally, our SMSF deed contains numerous ‘value-added’ advantages that set it apart. Accordingly, our SMSF deed offers many benefits that are not found anywhere else. All of the [read more]

pension documents in shape

Don’t get left behind — get your pension documents in shape for 1 July 2017

DBA Lawyers has recently been inundated with requests for up to date pension documents. Our suite of pension documents is fully up to date, including partial commutation documents with a tick-a-box option allowing the partial commutation of pension capital to just under a member’s personal transfer balance cap. Also, changes to the Superannuation Industry (Supervision) [read more]