Background Anyone with a total superannuation balance (TSB) over $3 million no doubt will be aware of the new Division 296 tax. Indeed, anyone who even thinks that they might one day have such a TSB will probably be aware. Division 296 tax will come into effect on 1 July 2026. Significant Division 296 tax [read more]
As the end of financial year (EoFY) approaches, trustees and their advisers need to be aware of their trust obligations to ensure ongoing compliance and to manage tax liabilities. The ATO has released a list of tips designed to assist with this process, which can be found here. We cover the key parts of the [read more]
Yesterday, the High Court handed down its decision in FCT v Bendel [2026] HCA 18. FCT v Bendel [2026] HCA 18 represents the ATO’s appeal of a 2025 decision of the Federal Court of Australia (Full Court) of the same name. Last year, we considered the impact of the 2025 decision. Accordingly, now, we want [read more]
Lin v Yim & Anor [2026] QSC 57 – when superannuation benefits cease being ‘super’ The recent Queensland Supreme Court decision in Lin v Yim & Anor [2026] QSC 57 highlights the importance of properly integrating SMSF succession with broader estate planning. This case involved an SMSF member who, shortly prior to death, implemented an [read more]
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]
New Queensland trust legislation has introduced a number of changes to trustee duties, beneficiary rights and court powers. The changes affect trusts subject to Queensland trust law, including discretionary trusts, testamentary trusts, unit trusts and self managed superannuation funds (SMSFs). Background The Trusts Act 2025 (Qld) (Act) received royal assent on 19 May 2025, with [read more]
The recent decision of Carrello [2026] FCA 468 illustrates various options in respect of SMSFs and bankruptcy. Carrello contrasts interestingly to Hunt [2026] FCA 389, which is also a recent decision. Carello Mr and Mrs Jones were the trustees of an SMSF. At all relevant times, a principal asset of the SMSF was certain real [read more]
Subject to satisfying the relevant legislative requirements, individuals may be entitled to deduct financial advice fees from their assessable income under sections 8-1 or 25-5 of the Income Tax Assessment Act 1997 (Cth) (ITAA 1997).Tax Determination (TD) 2024/7 sets out the ATO’s views on how these provisions apply to financial advice fees. TD 2024/7 does [read more]
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]
In Hunt, in the matter of Hunt (bankruptcy) [2026] FCA 389, McDonald J of the Federal Court considered yet another application by an undischarged bankrupt for orders permitting him to continue to act as director of a corporate trustee of a self managed superannuation fund (SMSF). Bankruptcy has immediate consequences under both the Corporations Act [read more]
