XLZH - discretionary trusts and pre-CGT assets - more on this to come?
Sladen Snippet – New Div 296 tax – what we know and what we don’t?
New Division 296 tax, as outlined in a Treasury Fact Sheet, includes two indexed thresholds ($3 million and $10 million) and taxation on realised (not unrealised) earnings from 1 July 2026. However, critical details about how realised earnings will be calculated—particularly regarding pre-1 July 2026 gains—remain unclear.
#superannuation #SMSF #tax #Div296 #totalsuperbalance #$3million #unrealisedgains #10million
Sladen Snippet - Treasurer announces major changes to Div 296 tax – including removal of tax on unrealised gains
Bendel Part III: summary of the parties’ submissions
The article explains the arguments contained in the parties’ submissions to the High Court in the appeal by the Commissioner of Taxation (Commissioner) from the Full Federal Court’s (Full Court) decision in Commissioner of Taxation v Bendel [2025] FCAFC 15 (Bendel).
Super and death case studies part 3 – tax issues where BDBN directs death benefit payment of large property in-specie
This article is the third in a three-part series setting out practical solutions to common issues in super, tax and estate planning, with a particular focus on the tax impact of payments to beneficiaries.
Part 3 of our series looks at the tax issues which should be considered when paying death benefits in specie, including capital gains tax and the super ‘death tax’.
#superannuation #SMSF #deathtax #deathbenefits #estateplanning #deathbenefitdependant #CGT #inspecie #BDBN
Sladen Legal’s Tax Practice Recognised In Doyles Guide Victoria 2025
Super and death case studies part 2 – super ‘death tax’ and achieving equality between beneficiaries
Super and death case studies part 1 – pre-death withdrawals
This article is the first in a three-part series setting out practical solutions to common issues in super, tax and estate planning, with a particular focus on the tax impact of payments to beneficiaries.
Part 1 of our series looks at how withdrawing super benefits before death can form part of a member’s overall estate planning.
The constitutional validity of the FTDT
Victory International– Hybrid unit trusts subject to landholder duty
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.
Uber Case – Payments made to drivers are deemed to be wages for payroll tax purposes
The New South Wales Court of Appeal has held that payments made to Uber drivers are deemed to be wages for payroll tax purposes under the relevant contract provisions.
In particular, the drivers provided services to Uber under their driving contracts. The driving contracts governed or controlled the driver’s performance. The driving services were not ancillary to the use of the vehicles. Uber was not successful in challenging the earlier decisions of Optical Superstore and Thomas and Naaz – in particular, the payments made to derivers were “paid or payable” by Uber.
Division 7A and UPEs: only mostly dead
FCT v Bendel: one more piece but uncertainty remains
On 12 June 2025, the High Court granted the Commissioner special leave to appeal the decision of the Full Federal Court in FCT v Bendel [2025] FCAFC 15 (Full Court Decision) that we wrote about here.
New South Wales case causes rethink on drafting of trust exclusion clauses
A New South Wales case has opened up a risk of taxpayers to surcharge rates of stamp duty and land tax for residential land held in family trusts where badly drafted foreign person exclusion clauses have been used. This may require a complete review of all trust deeds to ensure that additional stamp duty and land tax imposts are not incurred.
Sladen Snippet - New Victorian Penalty Tax regime to hit taxpayers
The State Government has introduced a new bill to State Parliament to implement changes from the 2025-2026 Victorian State Budget. Despite a promise of no new taxes or increased taxes, a new 50% penalty tax rate allows the State Revenue to impose higher penalties if it considers a taxpayer or their adviser has been “reckless”.
Family trust distribution tax
Victorian State Budget 2025-2026 - Tax Increases On The Way
FCT v Liang: Full Federal Court reaffirms taxpayer burden of proof
The Full Federal Court case of Commissioner of Taxation v Liang [2025] FCAFC 4 serves as a reminder that when challenging an ATO decision at a court or tribunal, it is the taxpayer who carries the burden of proving that an assessment is excessive and what the assessment should have been.