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Defining the beneficiaries of a discretionary trust

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Defining the beneficiaries of a discretionary trust

This article looks at the scope of the definition of the term “beneficiary” in a discretionary trust deed, and, in particular, examines the ambiguities that sometimes arise in relation to the terms “spouse” and “child” within that definition

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SMSFRB 2020/1– where are we now with SMSFs and property development?

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SMSFRB 2020/1– where are we now with SMSFs and property development?

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.

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Business in an SMSF: Is it Ever a Good Idea?

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Business in an SMSF: Is it Ever a Good Idea?

SMSFs (self managed superannuation funds) have been carrying on business and business like 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 are prohibited.

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Transfer to a trustee found to be non-dutiable

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Transfer to a trustee found to be non-dutiable

The Victorian Court of Appeal’s decision in MD Commercial Pty Ltd v Commissioner of State Revenue [2019] VSCA 295 was a culmination of the battle between the Victorian Commissioner of State Revenue and the taxpayers’ statutory interpretation of a duty exemption contained in s 35 of the Duties Act 2000 (Vic) (Act) and whether the trustee had to be in a “bare trustee” relationship with no active powers being held by the trustee.

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Trusts and the franking credits trap: can we fix it?

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Trusts and the franking credits trap: can we fix it?

Beneficiaries of a unit trust may only claim franking credits if they are a “qualified person” in relation to the franked dividend. In order to be a qualified person the taxpayer must satisfy both the related payments rule and the holding period rule.

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SMSF and Asset Protection from Creditor Claims

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SMSF and Asset Protection from Creditor Claims

When most people think of self managed superannuation funds (SMSFs) they mostly think of a vehicle to provide retirement benefits and their concessional tax treatment. In contrast, the asset protection benefit provided by SMSFs is often not considered.