Trustee duties in the time of bitcoin
Trusts and two-tiered company tax rates
Trusts, income tax, CGT and foreign residents
SMSFs Engaging in Property Developments
SMSFs (self managed superannuation funds) have been carrying on property development activities ever since SMSFs came into existence. Yet despite that there is still a common concern that such activities will cause the SMSF to become non-compliant, or subject to penalties, on the basis that such activities, and in particular undertaking a property development business, are prohibited.
The nature of the trustee’s right of indemnity
Death Benefit Planning in the New Superannuation Environment
Testamentary trust will structuring
Trusts, Income Tax, CGT And Foreign Residents
The rules for the taxation of trusts are complex and in need of reform. A point that has been made many times since Hill J observed in Davis v FCT1 that “the scheme of Division 6 calls out for legislative clarification, especially since the insertion into the Act of provisions taxing capital gains as assessable income”.
Presumption of regularity to the rescue?
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
