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A further update from Sladen Legal regarding COVID-19
The COVID-19 pandemic continues to have far reaching impact on our clients, referrers and staff, their families and communities. We remain committed to helping ensure the health and safety of all people in our broader networks.
Government Cuts “Red Tape” For Charities In Response To ACNC Review
The Australian Government has recently issued its response to a legislation review undertaken by the Australian Charities and Not-for-profits Commission (ACNC) titled ‘Strengthening for Purpose:
An update from Sladen Legal regarding COVID-19
The Coronavirus (COVID-19) is having a significant impact across Australia. At Sladen Legal we remain acutely aware of the impact this is having, and may continue to have for the foreseeable future, for our clients. We are taking a position of ‘business as usual’ with our offices still being attended, whilst keeping abreast of the evolving direction from various authorities.
Sladen snippet – extension of the work test and bring forward rule – draft legislation released
As announced in 2019/20 budget, the Government has released draft legislation and draft regulations to extend the work test start date to age 67 and to allow the use of bring forward contributions for persons aged 65 and 66.
Disruptive Ledger Technology
A look at Blockchain technology and how it is changing the legal landscape of everyday business.
Sladen Snippet: Greig - Full Federal Court decision on capital revenue question
As we previously reported here, in the decision of Thawley J in Greig v Commissioner of Taxation [2018] FCA 1084 the taxpayer was unsuccessful in arguing the loss on selling shares was deductible on the basis he was in the business of dealing in shares. The taxpayer appealed this decision.
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.
Sladen snippet – super guarantee amnesty to become law
After being in limbo for a number of years, the bill to introduce the super guarantee amnesty has now passed both houses of parliament and awaits Royal Assent.
Sladen Legal Principal Phil Broderick recognised with SSA Top Achiever Award
Sladen Legal is delighted to announce that Principal, Phil Broderick has been recognised by the SMSF Association by being presented with the SMSF Specialist Advisor (SSA) Top Achiever 2019 Award.
Sladen snippet - High Court refuses special leave on the Optical Superstore payroll tax case
The clampdown by revenue authorities on investigating medical, dental, optometry and other allied clinics is anticipated to continue, with the High Court refusing to grant special leave to appeal the Victorian Court of Appeal’s decision in the Optical Superstore case.
Sladen snippet – proposed legislative instrument to permit LRBA borrowings by the bare trustee
The ATO has released a draft legislative instrument and explanatory statement that would permit a holding trustee/bare trustee to borrow under a limited recourse borrowing arrangement (LRBA).
Family trust resolutions – are they ineffective?
The recent AAT decision of The Trustee for the Whitby Trust and Commissioner of Taxation
[2019] AATA 5637 signifies the dire tax implications of family trusts failing to observe documentary formalities.
Navigating the trust loss provisions maze
The rules for testing whether a trust can utilise a prior year tax loss are complex.
Duty exemptions for Victorian trusts
This article provides tips and traps around accessing land transfer duty exemptions for the transfer of Victorian real estate from a trust to a beneficiary.
Insurance-backed buy-sell agreements
Funding buy-sell agreements via insurance policies is a favoured option. Advisers should consider the merits of holding these policies via trust structures.
The Appointor: Common Problems
Careful consideration of the identity of the appointor of a trust, and the scope of their powers, is essential in succession planning.
Reg 13.22C unit trusts – opportunity or burden?
Regulation 13.22C unit trusts are an important structuring option for self-managed superannuation fund investments. However, is the administrative burden worth it?
TD 2019/D6 and TD 2019/D7: (further) unintended consequences?
While consistent with recent ATO views, TD 2019/D6 and TD 2019/D7 provide minimal clarification on the taxation of Australian discretionary trusts distributing capital gains to foreign beneficiaries.
Can I use that? Navigating third party permission clearances in publishing
Writers and journalists who are looking to reproduce or adapt existing content in their own work should read up on the risks of using copyright-protected content without permission.
Sladen snippet – Victorian discretionary trust deeds must be amended by 1 March 2020 to avoid foreign duty surcharge
The State Revenue Office (SRO) have announced that its current “practical approach” in relation to whether trustees of discretionary trusts trigger the foreign duty surcharge will cease from 1 March 2020.