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Splitting documents should not be overlooked

SMSF super splits, the tips and traps – Part 2

SMSF super splits, the tips and traps – Part 2 This is the second article in our series examining key technical issues that arise in SMSF superannuation splits following a relationship breakdown. Part 1 focused on the compliance and procedural requirements under Division 7A.2 of the Superannuation Industry (Supervision) Regulations 1994 (Cth) (SISR) and the Family [read more]

Splitting documents should not be overlooked

SMSF super splits, the tips and traps – Part 1

SMSF super splits, the tips and traps – Part 1 This article is the first part in a series that covers some of the key tips and traps of SMSF super splits following a relationship breakdown. Superannuation interests, particularly in SMSFs, require careful handling in family law settlements. Although court orders and binding financial agreements [read more]

Robyn Jacobson

Payday Super – Part 2: Not quite ‘all systems go’

This article is by Robyn Jacobson We are pleased to offer this second detailed article on Payday Superannuation, prepared by Robyn Jacobson, Tax Advocate and Specialist, Chartered Tax Adviser of The Tax Institute, and a Fellow of both CA ANZ and CPA Australia. Robyn has over 30 years as a tax professional, trainer and advocate on [read more]

family photo

Family trust elections – one choice, lasting consequences – Part 1

The ATO is increasing its scrutiny of family discretionary trusts (FTs) to ensure compliance with the family trust election (FTE) and interposed entity election (IEE) provisions in Schedule 2F of the Income Tax Assessment Act 1936 (Cth) (ITAA 1936). Quite a number of these reviews are linked to the ATO’s ‘Next 5,000 private groups’ program [read more]

e-tax, Businesman show TAX for Individual income tax return form online for tax payment concept. Government, state taxes. Data analysis, paperwork, financial research, report. Calculation tax return.

Revised Division 296 super tax from 1 July 2026

Background On 13 October 2025, Treasury announced changes to the proposed ‘Better Targeted Superannuation Concessions (BTSC). These proposed laws, typically referred to as the Division 296 (Div 296) tax will be inserted in the Income Tax Assessment Act 1997 (Cth) (ITAA). On 14 October 2025 a Fact Sheet providing more information on these changes was [read more]

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The proportioning rule and the payment of super benefits

Introduction The proportioning rule provides that the tax free and taxable components of a superannuation benefit are deemed to be paid in the same proportion as the tax free and taxable components of the member’s superannuation interest. This rule is contained in s 307-125 of the Income Tax Assessment Act 1997 (Cth) (ITAA 1997). This [read more]

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Tao v Commissioner: control, directors and landholder duty in Victoria

The recent Victorian Civil and Administrative Tribunal (VCAT) decision in Tao v Commissioner of State Revenue (Review and Regulation) [2024] VCAT 637 (Tao) illustrates that a person can incur duty when they acquire control of a landholder (eg, including a change in the directorship and/or shareholding of a trustee company). This can occur even without [read more]

special-needs-trust-application

Getting SDTs right: Why the Model Trust Deed is only the start

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]