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Use of Shareholder Agreements in Succession Planning

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Use of Shareholder Agreements in Succession Planning

This paper explores the role of shareholder agreements in assisting with achieving estate and succession planning objectives for wealthy families.

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The ATO's Current views on conducting property Development through an SMSF

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The ATO's Current views on conducting property Development through an SMSF

Phil Broderick, Sladen Legal Principal presents on The ATO's Current views on conducting property Development through an SMSF at the CPA Australia City Taxation Discussion Group in August 2021.

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The ATO’S Current Views on Conducting Property Development through an SMSF (Copy)

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The ATO’S Current Views on Conducting Property Development through an SMSF (Copy)

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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Complicated SMSF investment structures and avoiding the NALI minefield (Copy)

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Complicated SMSF investment structures and avoiding the NALI minefield (Copy)

Key learnings from ATO Determinations

The non-arm’s income rules, or NALI, have been around for decades. Despite that, historically, they have been rarely invoked by the ATO and largely ignored by many advisors and trustees.

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The Top Three Key Cross-Border Tax Issues In The Estate Plan

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The Top Three Key Cross-Border Tax Issues In The Estate Plan

The increased global mobility of individuals and online transactions, together with the deregulation of financial markets and exchange controls since the 1980s, mean that cross-border estate tax issues are, in many instances, “the new black”.

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Death Benefits: BDBNs or Retain Trustee Discretion?

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Death Benefits: BDBNs or Retain Trustee Discretion?

Upon the death of a member of a self managed superannuation fund (SMSF), the member’s benefits in the SMSF must be cashed ‘as soon as practicable’ after the member dies under regulation 6.21(1) of the Superannuation Industry (Supervision) Regulations 1994.

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Tax Traps in CGT Rollovers

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Tax Traps in CGT Rollovers

Many business owners may be considering a restructure, merger, or demerger in the current economic environment to adapt, sustain, or promote growth in these tumultuous times. A change in a corporate structure typically entails either the change of ownership interests in the entire business or the transfer of specific assets of the business.