Phil Broderick

Sladen snippet – late contributions cannot be offset – employer must make contributions twice

Sladen snippet –  late contributions cannot be offset – employer must make contributions twice

Where super guarantee contributions are not made by 28 days after the relevant quarter, a superannuation guarantee charge (SGC) liability is triggered. If the contributions are made after the due date, then, in certain circumstances, those late contributions can be offset against the SGC liability.

Sladen snippet - ATO releases PSLA on how it will administer SIS Act penalties

Sladen snippet - ATO releases PSLA on how it will administer SIS Act penalties

From 1 July 2014, the ATO was granted power to issue administrative penalties to self managed superannuation fund SMSF) trustees for breaches of the Superannuation Industry (Supervision) Act 1993 (SIS Act).

Sladen Snippet – COVID-19: The Victorian Government announced further tax relief measures

Sladen Snippet – COVID-19: The Victorian Government announced further tax relief measures

State and territory revenue offices made land tax and payroll tax measures in response to the COVID-19 pandemic. We outlined a summary of the measures as at 1 September 2020 here.

Duty payable on discharge of vendor’s debt by purchaser of land

Duty payable on discharge of vendor’s debt by purchaser of land

In the recent decision of Gulliman Pty Ltd v Commissioner of State Revenue [2020] VCAT 804, the Victorian Civil and Administrative Tribunal (Tribunal) held that the discharge of debt owed by vendor to purchaser in respect of previous transaction amounts to non-monetary consideration and, therefore, was subject to land transfer (stamp) duty.

Sladen Snippet - ATO rules that super benefit called before, but paid after, death is a member benefit

Sladen Snippet - ATO rules that super benefit called before, but paid after, death is a member benefit

If a member calls for a super benefit before they die but pass away before it is paid, when it is subsequently paid to the deceased member’s account, is the payment a (tax free) member benefit or a (taxable) death benefit?

COVID-19: The ATO announces further superannuation measures

COVID-19: The ATO announces further superannuation measures

Further to the COVID-19 superannuation measures that we discussed here, the Australian Taxation Office (ATO), on 3 April 2020, announced further details around, and new measures concerning, COVID-19 and superannuation.

Sladen snippet – extension of the work test and bring forward rule – draft legislation released

Sladen snippet – extension of the work test and bring forward rule – draft legislation released

As announced in 2019/20 budget, the Government has released draft legislation and draft regulations to extend the work test start date to age 67 and to allow the use of bring forward contributions for persons aged 65 and 66.

Sladen snippet – proposed legislative instrument to permit LRBA borrowings by the bare trustee

Sladen snippet – proposed legislative instrument to permit LRBA borrowings by the bare trustee

The ATO has released a draft legislative instrument and explanatory statement that would permit a holding trustee/bare trustee to borrow under a limited recourse borrowing arrangement (LRBA).

Sladen snippet – Victorian discretionary trust deeds must be amended by 1 March 2020 to avoid foreign duty surcharge

Sladen snippet – Victorian discretionary trust deeds must be amended by 1 March 2020 to avoid foreign duty surcharge

The State Revenue Office (SRO) have announced that its current “practical approach” in relation to whether trustees of discretionary trusts trigger the foreign duty surcharge will cease from 1 March 2020.

Sladen Snippet - Access to the primary production land tax exemption to be further restricted for Melbourne farms

Sladen Snippet - Access to the primary production land tax exemption to be further restricted for Melbourne farms

Primary producers in Melbourne will soon be faced with a greater likelihood of paying land tax on their farms due to the proposed reform, and narrowing, of the primary production land tax exemption as proposed in the State Taxation Acts Further Amendment Bill 2019.

Sladen Snippet – the super guarantee amnesty is back – maybe?

Sladen Snippet – the super guarantee amnesty is back – maybe?

The government’s previously announced amnesty for unpaid superannuation guarantee payments, which lapsed will the calling of the previous election, has been reintroduced into parliament in the  in the Treasury Laws Amendment (Recovering Unpaid Superannuation) Bill 2019.

Is this the death of property development agreements? – The new Victorian economic entitlement provisions

Is this the death of property development agreements? – The new Victorian economic entitlement provisions

The 2019 Victorian budget contained a sleeper in the form of the amendments to the Victorian economic entitlement provisions.