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Home » Authors » Ian Waters

Ian Waters

Ian Waters, Director of Topdocs Legal

 

Ian is a senior lawyer with a broad range of experience. He advises accountants, financial planners, SMSF administrators and high net worth individuals on companies, trusts, self managed superannuation funds and personal and business succession planning. He has extensive experience in relation to the regulation and taxation of SMSFs, particularly the investment rules, SMSF borrowing, pensions, trust deeds and drafting Wills and Powers of Attorney.

 

Ian graduated from the University f Melbourne in 1991 with law and commerce degrees, was admitted to practice law in 1992 and has completed a Graduate Diploma in Applied Finance and Investment at the Securities Institute of Australia. Prior to joining Topdocs, Ian practiced law at IFS Fairley, Holding Redlich and DBA Butler.

Ian can be contacted on 1300 659 242 or at

Tech Talk Articles Posted by Ian Waters

SMSF Borrowing Arrangements 7 July 2010 Changes to the Law

With effect from 7 July 2010, the Superannuation Industry (Supervision) Act 1993 (SIS Act) has been amended by the Superannuation Industry (Supervision) Amendment Act 2010 (Amending Act), according to an Explanatory Memorandum circulated by the Minister for Superannuation, Chris Bowen:

SMSF Trusteeship & Enduring Powers of Attorney

  • Tech Talk Article
  • By Ian Waters
  • 29th April, 2010

Section 17(3)(b)(ii) of the Superannuation Industry (Supervision) Act 1993 allows a person holding an enduring power of attorney in respect of a member to act as a trustee, or a director of the corporate trustee, of the superannuation fund.

Topdocs Legal director and experienced superannuation lawyer Ian Waters examines the Tax Office’s draft ruling SMSFDR 2009/D1, which describes the Tax Office’s preliminary views on the application of Section 17(3)(b)(ii) to Self Managed Superannuation Funds.

The Painful Truth about the Super Fund Residency Rules

In this article, experienced superannuation lawyer Ian Waters examines the three elements of the residency test that must be satisfied for a fund to be an Australian superannuation fund and the potentially draconian tax consequences of failing to satisfy any one of them.

SMSF Succession Planning - Considerations

The SMSF trustee/member rules have implications for the succession and control of SMSFs upon the death or incapacity of members who are also the fund’s trustees or directors of the corporate trustee.  Timing and compliance are essential considerations in any successful succession plan, and the consequences of not attending to these considerations can be severe.

Binding Death Benefit Nominations - Qs and As

  • Tech Talk Article
  • By Ian Waters
  • 24th September, 2009

Since 1999, when the superannuation rules were amended to permit members of superannuation funds to make binding death benefit nominations (BDBN), there has been ongoing debate and confusion regarding the relevance of the changes to self managed superannuation funds (SMSF).  In this article, experienced Topdocs superannuation lawyer Ian Waters answers key questions in this regard, including whether non-lapsing nominations can be made and whether a death benefit paid in accordance with a BDBN can be clawed back into the deceased’s estate

SMSF Trust Deed Qs and As

In this article, experienced superannuation lawyer Ian Waters answers key questions in relation to what a well drafted, up to date Self Managed Superannuation Fund trust deed should and should not contain.

SMSF Pensions Qs and As

Paying a pension from a self-managed superannuation fund is not difficult, but you do need to know what you are doing.  As a market leader in SMSF pension documentation, Topdocs has compiled the following list of commonly asked questions regarding SMSF pensions to help advisers and trustees make informed decisions.