White papers | technical guides

They're superannuation contributions which are a return to the superannuation system of a COVID-19 release amount.

The compliance and cost burden for SMSFs which are entirely in retirement phase during a financial year may now be reduced.

If an SMSF trustee gets a criminal record, are they disqualified from continuing to act as such?

There are workable solutions using NSW Trustee and Guardian.

The covenant will apply to industry superannuation funds, retail superannuation funds and corporate superannuation funds from the proposed commencement date of 1 July 2022.

There is no controversy as to whether these rules apply for BDBNs in industry and retail superannuation funds: they do.

This strategy may be of interest to elderly or critically ill members with no tax-dependent beneficiaries but will have no real benefits in cases of sudden accidental deaths.

Before any action is taken for superannuation pensions you must consider whether the pension is subject to Centrelink “pension grandfathering”.

This brief article provides an overview of mutual funds versus unit trusts.

Rollovers from one SMSF to another must comply with the technical requirements.

With perhaps little time left, planning for their loved ones is usually paramount.

Starting 1 July 2021, the transfer balance cap (TBC) will be indexed from $1.6 million to $1.7 million (“Indexed TBC”). Although this change sounds like good news, quirks that not everyone is aware of that can lead to adverse outcomes.

Existing SMSFs will be able, if they so desire, to increase their membership to 6 members and newly established SMSFs will be able to have up to 6 members.

Be sure to take care with your super fund’s compliance to avoid these types of penalties.

The 2021 Budget can be summarised in one line – as a great budget for superannuation.

As part of their estate planning, a husband and wife want to direct the trustee of the fund to set up child pensions.

A withdrawal and recontribution strategy could over time permit a member to transfer a material part of their superannuation to a non-dependant.

If there is an unfortunate falling out, can a member with majority interest in SMSF expel another member?

Jumbo funds may open the opportunity for self-managed super to be seen more as an asset holding structure rather than simply a tool for families.

If your trust deed was prepared quite some time ago, it may be time to update the governing rules of your SMSF trust deed.

Documenting rent reductions for a SMSF-owned property.

Bob and Barbara have recently established an SMSF with a corporate trustee and want their 17-year-old son, Ben, to join their SMSF. Can Ben join?

A limited recourse loan by a member’s family trust to their SMSF might be a Division 7A loan.  Can the loan comply with all the rules if it is in fact both types of loan?

Will the ‘sole purpose test’ be satisfied?

There are important super compliance and contract considerations arise that must be considered.

There are some superannuation compliance issues that arise when considering whether to develop a property in your SMSF.

Once both parties have presented the court with a disclosure of their SMSF interests, a valuation will be conducted. This includes a valuation of all assets held in the name of the fund trustee.

Have you realised that a mistake has been made in a legal context? Do not wait! Delay could cause unnecessary tax or duty ramifications.

While winding up may occur in quite different situations, the general process is the same.

Builder John wants to sell some of his townhouses to his SMSF. Let’s consider an example.

Eligibility criteria for the First Home Super Saver Scheme.

So long as you have satisfied the eligibility requirements for the FHSS Scheme, you have “joined” the scheme. 

Only voluntary superannuation contributions made by you or for you since 1 July 2017 count. 

The intention of First Home Saver tax is to ensure that no tax benefit arises from failing to apply the released amount in the purchase of a first home.

Trustees of SMSFs must not forget their duty to consider life insurance for their members.

LRBAs are one of the reasons for having an SMSF.

If there’s been a misstep and your fund’s property is held by a holding trust where there is no loan arrangement you should arrange the transfer of the property into the fund trustee’s name as soon as possible.

According to the Court such an arrangement, if conducted in the right manner and circumstances, will not breach the sole purpose test.

Bob and Susan can’t afford to complete their off-the-plan purchase unless they use their super.

Eligibility age for the beneficiary of the contribution to be reduced from age 60 to age 55.

Superannuation Funds have a number of identifying monikers – what are they and what is their function?

Is it possible to make a last minute withdrawal before you die and the payment, if made after you have died, still be treated as being tax free?

The rules relating to what a self-managed superannuation fund can and cannot invest in are complex and for the uninitiated appear confusing and alien. But there is a basic logic to them.

Summary points of the October 2022 Budget.

11 March 2022

2 March 2022

20 April 2022