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Super Guarantee – Same, Same But Different

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Super Guarantee – Same, Same But Different

This paper has been built on a previous paper on the superannuation guarantee (SG) regime, titled Super Guarantee – no longer the toothless tiger. That paper was designed to take a holistic examination of the SG regime. In this paper, we have built on that approach and added a number of developments, including:

Death And Incapacity And The SMSF: Who Steps In To Call The Shots?

Death And Incapacity And The SMSF: Who Steps In To Call The Shots?

The general requirement of an self managed superannuation fund (SMSF) is that all members must be trustees of the SMSF or directors of the SMSF corporate trustee. As such, putting aside disputes between trustees/directors, generally members are making the decisions about their benefits and the assets of the SMSF.

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Divorce, death and super – how to exit an SMSF

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Divorce, death and super – how to exit an SMSF

The structure of a self managed superannuation fund (SMSF) is often based on a family unit. A very common SMSF structure is, for example, two spouses as the members and trustees/directors of the corporate trustee.

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Main Residence Exemption: Is It The Devil Or An Angel In The Details?

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Main Residence Exemption: Is It The Devil Or An Angel In The Details?

The capital gains tax (CGT) main residence exemption (CGT MRE) is (arguably) the most generous exemption for post-CGT assets in the income tax legislation. The eligibility requirements are not onerous, and it is available to young and old rich and poor. However, actions, or inactions, can result in loss of the CGT MRE in whole or part.

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The NALI/NALE Whirlwind – Where Are We At?

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The NALI/NALE Whirlwind – Where Are We At?

Non-arm’s length income (NALI) has been a hot topic of discussion and debate in the SMSF industry in recent years, in particular since the ATO first released their draft ruling on non-arm’s length expenditure (NALE) in 2018 (and its subsequent iterations).