Returning to Australia after working overseas? Here’s what to consider if you have retirement savings held abroad.

In Part 2 of our two-part series, we examine the option of withdrawing your overseas pension or superannuation as a lump sum, including when it may be available and the key tax implications to consider.

Elect, restructure or pay 30%. Treasury's exposure drafts give trustees of discretionary trusts two ways to avoid the minimum tax, but both carry strict conditions. This article explains the new rules and tracks how they respond to the points we raised in our July submission to Treasury.

Returning to Australia after working overseas? Here’s what to consider if you have retirement savings held abroad.

In Part 1 of our two-part series, we explore transferring overseas super or pension benefits into an Australian super fund, including eligibility, tax implications, contribution caps and other key considerations.

This case examines the conduct of two directors who made misleading and deceptive future representations about the timeframe and expected profits of an investment project to potential investors and illustrates the standards of evidence and documentation needed to demonstrate a reasonable basis for such representations.

Family trusts, bucket companies, and UPEs are back in the spotlight. Treasury’s consultation paper on a 30% minimum tax for discretionary trusts gives tax advisers a short window to be heard.

Our preliminary thoughts on the Treasury Consultation paper on “minimum tax on discretion trusts’ are below.

The death of a family trust's test individual creates significant difficulties under the family trust election (FTE) rules Schedule 2F. This article examines the FTE rules in the context of succession.

In the 2026–27 Federal Budget, the Government announced the introduction of a 30 per cent minimum tax on the taxable income of discretionary trusts, to commence from 1 July 2028.

Some early industry discussion on the 2026–27 Budget measure has suggested that the effective tax rate on trust income distributed to a bucket company will rise to around 51 per cent once the minimum tax commences on 1 July 2028.

The recent decision by the QLD Supreme Court in Williams v Robba illustrates the importance of conducting a ‘claim-staking process’ to demonstrate that an SMSF trustee has given real and genuine consideration in exercising its discretion to pay superannuation death benefits.

Testamentary discretionary trusts can still be an effective estate planning tool for global families when carefully structured, with consideration given to residency of beneficiaries, control and tax treatment across jurisdictions.

The Appeal Panel within the NSW Civil and Administrative Tribunal determined whether the Tribunal erred in finding that the Trust Deed before them set out the trust as a special trust rather than a fixed trust within the meaning of section 3A of the Land Tax Management Act 1956 (NSW).

Many will be familiar with the use of bare trusts by SMSFs as part of a limited recourse borrowing arrangement (LRBA), but there are other ways in which an SMSF might invest via a bare trust, providing different structuring opportunities. This article considers the use of ‘non LRBA bare trusts’ by SMSFs and the superannuation law implications.

The court has powers under legislation and under its inherent supervisory jurisdiction to vary trusts to ensure that they may be duly executed in certain circumstances.

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). 

The Victorian Supreme Court has held that acquisitions of units in hybrid unit trusts are potentially subject to landholder duty.

The case has wide impact with potentially absurd outcomes for some taxpayers.

On 19 February 2025, the Full Federal Court handed down its decision in FCT v Bendel [2025] FCAFC 15. On 18 March 2025, the ATO applied for special leave and, on 19 March 2025, the ATO updated its interim decision statement (DIS) on the case.

We review the updated DIS below.

#Division 7A, #UPE, #Unpaid present entitlements, #Tax, #Trusts, #TD2022/11, #Bendel, #109D #Special leave #Decision Impact Statement

On 19 February 2025, the Full Federal Court, in FCT v Bendel [2025] FCAFC 15 (Bendel), held that an unpaid present entitlement (UPE) with a corporate beneficiary is not a loan under subsection 109D(3) of Division 7A of the Income Tax Assessment Act 1936 (ITAA 1936).

In the West Australian case of Dryandra Investments Pty Ltd v Hardie by her guardian Ian Yorrington [2024] WASC 248 (Dryandra case) the trustee sought orders, pursuant to section 90 of the Trustees Act 1962 (WA), that the Court approve and assent to variations to the trust deed of the Dryandra Trust (Trust).

In November 2024, the Government introduced a consultation paper proposing the incorporation of a licensing regime for the franchising sector.

On 28 August 2024, the Australian Taxation Office (ATO) published Draft Practical Compliance Guideline PCG 2024/D2 (Draft PCG) on Personal services businesses and Part IVA of the Income Tax Assessment Act 1936.