Hughes v Commissioner of State Revenue [2026] VCAT 806 (Hughes) is the Victorian Civil and Administrative Tribunal’s (Tribunal) first decision on the VRLT holiday home exemption (HHE) under section 88A of the Land Tax Act 2005 (Vic) (LTA). This decision provides useful guidance on how vacant residential land tax (VRLT) operates in practice. Are you [read more]
How do you wind up an SMSF part way through a financial year? On its face, this is practically a difficult question. It is difficult because, in order to wind up an SMSF, the trustee must lodge with the ATO the SMSF’s final return. However, the ATO has not released the current financial year annual [read more]
The proposal to introduce a minimum 30% tax on income of discretionary trusts (DTs) means that each unit trust deed should be reviewed to determine whether it qualifies as a fixed trust. Unless the trust qualifies as a fixed trust or satisfies another exception, the trust is likely to be subject to the new 30% [read more]
Background The proposed changes to impose a minimum 30% tax on trusts from 1 July 2028 will substantially impact trusts, including discretionary trusts (DT), unit trusts, hybrid trusts and testamentary trusts. This article provides a brief overview of the proposed changes and outlines how DBA Lawyers plans to assist advisers and clients. What changes apply [read more]
The Victorian government has introduced a range of new or increased taxes in recent times. This article provides a brief summary on some of the recent changes to Victorian taxes relating to real estate. Commercial and Industrial Property tax From 1 July 2024 the Commercial and Industrial Property tax (CIPT) commenced. This new tax relies [read more]
The Government has released draft legislation on the proposed minimum 30% tax on trustees of discretionary trusts (DTs). The draft legislation released on 3 September 2026 represents a significant departure from what was initially outlined in the Federal Budget on 12 May 2026. The release contained a fact sheet, four pieces of draft legislation and [read more]
Many constitutions contain provisions that deem loans by the company to a shareholder (member) to be pursuant to a complying Division 7A loan agreement or include wording of similar effect. The recent Administrative Review Tribunal decision of Botella and Commissioner of Taxation (Taxation and business) [2026] ARTA 604 (Botella) highlights concerns by the Tribunal of [read more]
The recent decision of Ackinclose v Commissioner of State Revenue [2026] QCAT 312 provides important guidance on the circumstances in which land held by an SMSF may be aggregated with land held by a discretionary family trust for Queensland land tax purposes. The matter concerned a husband and wife who acted as trustees of both an [read more]
Following the Government’s proposed 30% tax on discretionary trust (DT) distributions from 1 July 2028 announced in the 12 May 2026 Federal Budget some have been considering setting up companies with more than one share class. This is based on the thinking that this will provide greater flexibility. However, there are a number of tax [read more]
Background/overview Failing to keep your SMSF deed up to date can lead to the SMSF failing to optimise tax and contribution concessions, unnecessarily restricting investment opportunities, and can result in funds being unable to function appropriately if a member loses capacity or dies. Deciding when, and with whom, to update the governing rules of an [read more]
