Preliminary ATO views on trust vesting
Trust or sub-trust, that is the question
Trusts and two-tiered company tax rates
Preliminary ATO views on trust vesting
Transferring Real Estate In and Out of SMSFs
Do trustees no longer have unlimited assessment periods?
Director’s breach of fiduciary duties results in a clawback of super contributions
The decision of the Victorian Court of Appeal in Australasian Annuities Pty Ltd (in liq) v Rowley Super Fund Pty Ltd 1 (Rowley Super) concerns the ability of a liquidator to claw back contributions made to a superannuation fund where such contributions are made as a result of a director breaching his fiduciary duties to the corporate trustee of a discretionary trust.
Transferring Victorian property out of trusts and into SMSFs without duty
SMSFs, trusts and property development: part 1
Self-managed superannuation funds1 (SMSFs) have been carrying on property development activities ever since they came into existence. Such activities are either done directly by the SMSF or more commonly through a structure (typically, a trust). Yet, despite this, there is still a common concern that such activities will cause the SMSF to become non-complying, or subject to penalties, on the basis that such activities, and in particular undertaking a property development business, are prohibited
Navigating family law settlements
UPEs And The Maximum Net Asset Value Test
This article discusses the complexity associated with a trust satisfying the maximum net asset value test for the purposes of accessing the capital gains tax (CGT) small business concessions where it is unclear whether an unpaid present entitlement (UPE) would be classified as a liability relating to the CGT assets of the trust.