In a recent case of Nifuno Pty Ltd atf Stephen Forbes Pension Fund v Chief Commissioner of State Revenue [2019] NSWCATOD 3, the NSW Civil and Administrative Tribunal (NCAT) considered the application of an available duty concession for the transfer of property in connection with persons changing superannuation funds, including self-managed superannuation funds (SMSFs).
Sladen snippet – reversionary TRIS retirement phase measure passes
A technical defect in the operation of reversionary transition to retirement income streams (TRIS) has been fixed by the passing of the Treasury Laws Amendment (2018 Measures No. 4) Bill 2018.
Sladen snippet – tougher super guarantee laws have passed
Treasury Laws Amendment (2018 Measures No. 4) Bill 2018 has now passed both houses of parliament. The Bill includes the following measures to increase the ability of the ATO to enforce the super guarantee laws.
Sladen Snippet - Fair Work Commission holds that implying that a supervisor is overweight is a valid reason for dismissal.
Sladen Snippet - Employer lawfully terminates employee who was victim of domestic violence after going ‘above and beyond’ to assist
Sladen Snippet - Amendment to National Employment Standards includes five days’ unpaid domestic violence leave
Sladen Snippet – ATO releases decision impact statement on Aussiegolfa case
The ATO has released a decision impact statement in relation to the Aussiegolfa Full Federal Court decision.
Sladen Snippet – Sladen Legal, Daniel Smedley and Rob Jeremiah Recognised as Leaders in Tax
Sladen Legal has been recognised as a Recommended Tax Law Firm (Victoria) in the recently released Doyles Guide Tax Law Rankings.
Sladen snippet - Further integrity measures regarding small business CGT concessions in relation to partnerships
On 12 October 2018, Treasury released exposure draft legislation concerning the latest changes to the small business capital gains tax (CGT) concessions (the concessions).
Sladen Snippet - Pintarich – a Clayton’s decision denied High Court special leave
We reported on the Full Federal Court decision of Pintarich v Deputy Commissioner of Taxation [2018] FCAFC 79 here.
Sladen snippet – Burgess v Burgess – another super death benefit conflict case
The decision of Burgess v Burgess is another case which considers conflicts of interest in the context of paying super death benefits. It follows a number of recent similar cases, including Re Narumon Pty Ltd, Brine v Carter and McIntosh v McIntosh. The strong consistent theme across all of these cases is that the Courts will strictly uphold fiduciary duties (even if they have “unfair” outcomes).
Sladen Snippet – further consultation on individual tax residency rules
The Board of Taxation (the Board) released a consultation guide for the review of the income tax residency rules for individuals.
Sladen snippet – ATO’s focus – top 100 SMSFs to be reviewed
In a recent speech James O’Halloran, Deputy Commissioner, Superannuation, outlined the ATO’s current areas of focus in the SMSF sector. They include:
Sladen Snippet – off and running (almost), Senate passes tightened requirements to CGT concessions for companies and trusts from 8 February 2018
Sladen snippet - Narumon part 3 – can a BDBN be renewed or made by an attorney?
The case of Re Narumon Pty Ltd examines a number of important SMSF issues including defects in a chain of SMSF trust deeds
Sladen snippet - Narumon part 2 – proving whether a pension and a reversionary nomination exists without original pension documents
The case of Re Narumon Pty Ltd examines a number of important SMSF issues including defects in a chain of SMSF trust deeds,
Sladen snippet - Narumon part 1 – defects in an SMSF chain of deeds
The case of Re Narumon Pty Ltd examines a number of important SMSF issues including defects in a chain of SMSF trust deeds