All Things Being Equal in the Estate Plan – Then There’s the Tax

All Things Being Equal in the Estate Plan – Then There’s the Tax

With the best of intentions an estate plan often sets out to treat the beneficiaries on equal terms. However, it may not be until the estate is being administered that tax rears its head in some form or another so that one beneficiary’s share is diminished by the potential tax consequences attached to a certain asset including superannuation.

How Do You NALE NALI? Understanding Non-Arm’s Length Dealings in SMSFs

How Do You NALE NALI? Understanding Non-Arm’s Length Dealings in SMSFs

The Australian Taxation Office (ATO) has made it clear: when a self managed superannuation fund (SMSF) receives services or assets on non-commercial terms - or fails to incur necessary expenses - the result can be harsh. Non-arm’s length expenditure (NALE) can trigger nonarm’s length income (NALI), exposing the fund to significant tax consequences.

Unfair Contract Terms What we can learn from the decided cases

Unfair Contract Terms What we can learn from the decided cases

This paper tracks the legislative development of the unfair contract terms regime, recaps the basic elements and exemptions to the regime’s application and then recounts the historic development of the case law in respect of the regime.

CONCURRENT 5B The Right Fit: SMSFs vs. Alternative Investment Structures

CONCURRENT 5B The Right Fit: SMSFs vs. Alternative Investment Structures

Given this is a superannuation conference, most of the presentations will be dealing with the uses of, and issues with, superannuation and self managed superannuation funds (SMSFs).

SMSFs and NALE That Triggers NALI Let's Get Specific

SMSFs and NALE  That Triggers NALI  Let's Get Specific

Non-arm’s length income (NALI) has been a hot topic of discussion and debate in the SMSF industry in recent years, in particular since the ATO first released their draft ruling on non-arm’s length expenditure (NALE) in 2018 (and its subsequent iterations). Recently, the long debated amendments to NALE provisions were passed in Parliament and received Royal Assent in June 2024.

Rollovers - practical strategy and compliance insights

Rollovers - practical strategy and compliance insights

In the current economic landscape, business owners may be considering a restructure, merger, or demerger to adapt, survive, or enable growth. A change in the structure of a business typically involves either the transfer of ownership interests in the entire business or of specific assets of the business. The disposal of an ownership interest in a business or its assets may trigger tax consequences for the business or business owners on capital or revenue account.

One Certainty in Life is Death – Taxes May Have a Little Give

One Certainty in Life is Death – Taxes May Have a Little Give

Whilst the saying, “the two certainties in life are death and taxes”, is still as relevant as ever, the Income Tax Assessment Act 1936 (ITAA 1936) and the Income Tax Assessment Act 1997 (ITAA 1997) does at least provide a bit of leeway on the second one.[1] This session explores various exemptions and concessions available when it comes to tax and deceased estates, including:

Session 4: Trusts and small business CGT concessions – Oil and water or peas and carrots?

Session 4: Trusts and small business CGT concessions – Oil and water or peas and carrots?

The small business capital gains tax (CGT) concessions (Concessions) in Division 152 of the Income Tax Assessment Act 1997 (ITAA 97) offer significant opportunities to reduce or eliminate tax levied on capital gains.1 However, despite a recent judicial pronouncement that the Concessions should be interpreted beneficially,2 the legislative conditions for relief are intricate and complex.

Restructuring – To Roll Or Not To Roll?

Restructuring – To Roll Or Not To Roll?

In the current economic landscape, business owners may be considering a restructure, merger, or demerger to adapt, survive, or enable growth. A change in the structure of a business typically involves either the transfer of ownership interests in the entire business or of specific assets of the business.