Business Succession Publications
2010
June 2010
Superannuation Instalment Warrants - new bill introduced to change the rules
As many practitioners are aware, whilst the introduction of section 67(4A) in the Superannuation Industry (Supervision) Act 1993 introduced new investment opportunities for trustees of superannuation funds, there has also been some uncertainty and concern as to the operation of the rules and the permissible boundaries. Treasury has now sought to further clarify the area by the introduction of the Superannuation Industry (Supervision) Bill 2010. This bulletin will look at the key aspects of the bill.
April 2010
Why is the definition of income important for a trust
In this bulletin we review a recent case in which the High Court clarified and confirmed two important aspects of the complicated interaction between tax law and trust law.
April 2010
The New Intestacy Rules and the 3 Year Rule Trust
The NSW Succession Act was recently amended to enact new "intestacy laws" for persons who die on or after 1 March 2010 (see Bartier Bulletin Wills & Estates March 2010). One of the unintended tax consequences of these legislative changes to the intestacy rules affects the tax planning opportunity known as the "3 Year Rule Trust". In this bulletin we discuss the implications of this change.
February 2010
Tax Planning with "Hybrid Trusts"
The traditional discretionary style of trust has long been used by families as a sensible structure in which to hold and protect family assets as well as achieve tax planning benefits. In this bulletin we look at a particular style of "hybrid trust" which was recently considered by the Full Federal Court in the case of Forrest v Commissioner of Taxation.
February 2010
The myths about superannuation death benefit planning - Part 2
This is the second bulletin in our series abour superannuation death benefits in which we look at circumstances when a binding death benefit nomination may not be "binding" on the trustee of a superannuation fund.
2009
November 2009
The myths about superannuation death benefit planning - Part 1
In this bulletin we dispel a number of myths associated with superannuation and discuss the importance of planning for a superannuation benefit in the event of death.
June 2009
Failing the sole purpose test - it's a crime
In this bulletin we review two recent cases in which the ATO has successfully pursued criminal action against two self managed superannuation fund trustees for breach of the sole purpose test.
May 2009
Landholder duty
NSW is proposing to convert its existing “land-rich” provisions to a “landholder'’ model, this was announced in the NSW Government Mini-Budget on 11 November 2008. The Government stated in the NSW Mini-Budget that it will undertake consultation with industry regarding the new model which will be introduced on 1 July 2009. In this bulletin we review the implications of this change.
February 2009
Protection vehicles in the current environment
The current economic downturn has, not surprisingly, caused a change in behaviour for many in our community in a range of different ways. The private client team at Bartier Perry has noticed a significant number of our clients looking to address or review issues associated with asset protection planning. In this Bulletin we review three asset protection structures.
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