This article considers why the constitution of a corporate trustee is important and what should be included in an SMSF constitution. Firstly, there are many reasons why a coporate trustee is preferable to individual trustees for an SMSF. For example a corporate trustee has the following benefits over indiviuals: ease of succession planning and meeting [read more]
In this episode of the DBA Lawyers Podcast, Bryce Figot, Special Counsel and Shaun Backhaus, Lawyer discuss the case of Aussiegolfa Pty Ltd (Trustee) v Commissioner of Taxation [2018] FCAFC 122 (‘Aussiegolfa’). Bryce and Shaun discuss the in-house asset issue, explain what the case tells us about the sole purpose test and also discuss how advisers [read more]
Introduction Since the beginning of the COVID-19 pandemic, legislators across the states and territories have been passing temporary legislation to allow for documents to be signed and witnessed using technology. At the date of this article, Victoria (‘Vic’), New South Wales (‘NSW’) and Queensland (‘QLD’) are still the only jurisdictions to make provision for deeds [read more]
Where a relationship breakdown has occurred between spouses, the parties’ superannuation entitlements may be subject to an overall family law property settlement. Typically this involves one spouse agreeing to or otherwise being required to give up some of their superannuation benefits in favour of the other spouse based on appropriately drafted orders or financial agreements. [read more]
Introduction The proportioning rule is used to calculate the tax free and taxable components of a superannuation benefit. Having a sound understanding of this rule is key to many super strategies. Overview –– proportioning rule The proportioning rule provides that the tax free and taxable components of a superannuation benefit are taken to be paid [read more]
In this episode of the DBA Lawyers Podcast, Daniel Butler, Director and Shaun Backhaus, Lawyer discuss what to look for in a company constitution and some of the value-added features of the DBA Lawyers’ constitution. It pays to obtain quality when obtaining a constitution, especially the many value-added strategies and features that you can [read more]
While DBA is recognised as Australia’s leading SMSF law firm, it is also well known for it’s great depth of tax and trusts expertise. DBA Lawyers offers an excellent discretionary trust deed that is easy to read, provides great flexibility and reflects the latest legislative changes. Also included is a detailed memo, trustee resolutions, covering [read more]
When considering six member SMSFs, the Senate Economics Legislation Committee has hinted at an important trap that advisers must remember. Background On 27 April 2018 the then Minister for Revenue and Financial Services Kelly O’Dwyer MP announced that the government would expand the limit on the maximum number of members in SMSFs from four to [read more]
Downsizer contributions for the right person or couple can be very strategic. Yet not many are aware of the key rules that can unlock the potential that the downsizer strategy offers. Broadly, downsizer contributions allow those 65 or over to sell or dispose or an ownership interest in their main residence and make up to [read more]
![An important reminder when drafting deeds: Wilstead No. 5 Pty Ltd v Smyth [2020] VSC 651](https://www.dbalawyers.com.au/wp-content/uploads/2020/11/An-important-reminder-when-drafting-deeds-Wilstead-No-5-Pty-Ltd-v-Smyth-2020-VSC-651-200x200.jpg "An important reminder when drafting deeds: Wilstead No. 5 Pty Ltd v Smyth [2020] VSC 651")
The recent Victorian Supreme Court decision of Wilstead No. 5 Pty Ltd v Smyth [2020] VSC 651 serves as an important reminder when drafting SMSF deeds. These days many non-lawyers — such as accountants and financial planners — draft deeds by populating websites that instantly generate deeds with no lawyer review or sign off. We [read more]
