Divorce, death and super – how to exit an SMSF

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.

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

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.

TD 2022/11: ATO finalises views, relief for some taxpayers but a sting for others

TD 2022/11: ATO finalises views, relief for some taxpayers but a sting for others

We wrote about Draft Taxation Determination TD 2022/D1 (Draft TD) on Division 7A and unpaid present entitlements (UPEs) here. On 12 July 2022, the Australian Taxation Office (ATO) finalised the Draft TD as Taxation Determination TD 2022/11 (Final TD).

Secure IP Rights overseas and obtain financial assistance with Australia’s EMDG grant scheme

Secure IP Rights overseas and obtain financial assistance with Australia’s EMDG grant scheme

Are you considering taking your products and services global?

Australia’s Export Market Development Grant Scheme (EMDG) is a government financial assistance program that assists small and medium enterprises to start or expand their export business.

Sladen Snippet – new superannuation measures effective 1 July 2022

Sladen Snippet – new superannuation measures effective 1 July 2022

A quick reminder of the new superannuation measures which are effective as of 1 July 2022:

Treasurer Confirms - Cryptocurrency Not treated as foreign currency

Treasurer Confirms - Cryptocurrency Not treated as foreign currency

In the absence of a comprehensive definition of ‘foreign currency’ in the Australia tax legislation the ATO and Australian courts have interpreted ‘foreign currency’ to be currency issued or recognised by an overseas sovereign state.

Sladen Snippet – SMSF BDBNs not bound by SIS Regs – Hill v Zuda

Sladen Snippet – SMSF BDBNs not bound by SIS Regs – Hill v Zuda

In the much anticipated decision of Hill v Zuda Pty Ltd, the High Court has determined that regulation 6.17A of the Superannuation Industry (Supervision) Regulations 1994 (SIS Regs) does not apply to binding death benefit nominations (BDBNs) prepared for self managed superannuation funds (SMSFs).

PCG 2017/13: sub-trust arrangements – welcome (continued) relief from the ATO

PCG 2017/13: sub-trust arrangements – welcome (continued) relief from the ATO

Draft Taxation Determination TD 2022/D1 sets out the Australian Taxation Office’s (ATO) views on when an unpaid present entitlement (UPE) with a corporate beneficiary is a loan for the purposes of Division 7A of the Income Tax Assessment Act 1936. We wrote about TD 2022/D1 here.

Sladen Snippet – ATO confirms NALE practical administration approach is extended to 30 June 2023

Sladen Snippet – ATO confirms NALE practical administration approach is extended to 30 June 2023

The ATO has confirmed that its current administrative approach to the non-arm’s length expenditure (NALE), as set out in Practical Compliance Guide PCG 2020/5, will be extended to 30 June 2023.

The NALI/NALE Whirlwind – Where Are We At?

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).

SMSFS And Property Development: Key Compliance Imperatives

SMSFS And Property Development: Key Compliance Imperatives

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.