Does context and purpose narrow the reach of s 100A of the Income Tax Assessment Act 1936?

In addition to the “general” non-arm’s length income provisions, special rules apply to distributions from a trust to a complying superannuation fund.

This article aims to clarify some of the uncertainties and difficulties that arise on the appointor or guardian of a discretionary trust losing their decision-making capacity

Do the aggregation of interests in a landholding unit trust include exempt transfers?

Greensill confirms foreign beneficiaries of a resident discretionary trust are taxable on gains made on non-taxable Australian property. Was the outcome an unintended consequence of the 2011 changes?

Overview

• Revenue losses and application of PCG 2016/16

Main Themes for Workshop 2

• Tips and traps once residency is established

This workshop will use case studies to explore some of the unique SMSF issues that may arise through investing via unit trusts including:

A common misconception is that it is compulsory under the law for employers to make superannuation contributions on behalf of their employees.

To create an express trust, there must be certainty of intention, subject matter, and beneficiaries. In the absence of such certainty, will the trust fail?

This paper explains several recent legislative changes that affect real property

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

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.

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.

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.

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”.

Sladen Legal’s Binding Death Benefit Nomination (BDBN) e-learning short course on BDBNs is a self learning tool built to help you expand your professional skillset and gain the knowledge on BDBNs.

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”.

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.

In this two-part article, we explore two recent cases that provide guidance on when a declaration of trust will be a dutiable transaction.