TECHNICAL ARTICLES

This article uses a case study to define the circumstances which potentially lead to an interdependency relationship between 2 individuals who would not otherwise be considered dependants under superannuation legislation. Confirmation of the existence of an interdependency relationship during the lifetime of 2 individuals can assist in determining superannuation death…

Borrowing in a SMSF takes on a different dimension when the fund is paying, or considering paying, a pension to a member. This article enters the debate which has occurred in the superannuation profession around the topic: Is a SMSF which is paying a pension to one or more members…

Estate planning is an exercise which requires not only the establishment of a plan but ongoing review and revision. This article uses a case study scenario to illustrate the problems which can arise without a proper, and regular, review of estate plans. Joe Joe is a single parent who has…

The release by the ATO of a Private Binding Ruling has reignited discussion amongst SMSF trustees and advisers in regards to how commercial the terms of a related party loan should be. The ATO has issued a number of Private Binding Rulings in response to a range questions concerning SMSF…

Whilst establishing your SMSFs with individuals acting as trustees may save a few dollars in the short term, the benefits of registering a corporate trustee for your new SMSF can far outweigh the short term savings. Outlined in this paper are seven key reasons to establish SMSFs with a corporate…

The role of the appointor in a family trust is one of the most important considerations when deciding on an appropriate structure The position of an appointor of a trust is not one which is required in the context of general trust law principles, but it is a creation of…

Sooner, rather than later, members of Self Managed Superannuation Funds (SMSFs) should take steps to ensure their SMSF can continue to function should they suffer diminished capacity In this article, we consider options available to members of SMSFs to plan for a possible loss of capacity, and documents to be…

ATO clarification on payments made pursuant to Family Court Orders and the application of Div 7A On 13 November 2013, the Australian Taxation Office issued a draft taxation ruling, TR 2013/D6. The draft ruling is concerned with taxation under the Income Tax Assessment Act 1936 (ITAA36) of private companies paying…

SuperStream will begin to impact many employers and SMSF trustees from 1 July 2014. It appears little information is currently available from the government agencies responsible for its implementation This paper considers the different ways SuperStream will affect employers and SMSF trustees, as well as what needs to be done…

Since the introduction of limited recourse borrowing legislation, debate has raged over the interpretation by the ATO of part of the legislation which deals with the transfer of the acquired asset from the bare trust to the SMSF, following repayment of the loan This paper considers proposed legislative changes which…