News : Legislation

Compliance & Regulation, Division 296, Legislation, Regulation, Tax

Further Div 296 refinement required

The revised Division 296 bill should be made less complex and avoid a new range of unintended consequences that have arisen in its second iteration.

The revised Division 296 bill should be made less complex and avoid a new range of unintended consequences that have arisen in its second iteration.

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Compliance & Regulation, Division 296, Legislation, Strategy, Superannuation, Tax

TSB to play a different Div 296 role

The assessment of a super fund member’s total super balance has been changed in the Division 296 tax draft legislation released in late December.

The assessment of a super fund member’s total super balance has been changed in the Division 296 tax draft legislation released in late December.

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Compliance & Regulation, Legislation, Trusts

Discretionary trusts considered NALI

An SMSF investment in a discretionary trust should be avoided as any distributions from it will be considered non-arm’s-length income.

An SMSF investment in a discretionary trust should be avoided as any distributions from it will be considered non-arm’s-length income.

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Compliance & Regulation, Contributions, Downsizer, Legislation, Regulation

Downsizer rules require sale proceeds

In order to be able to make a downsizer contribution, SMSF members must actually receive some proceeds from the sale of their existing residence.

In order to be able to make a downsizer contribution, SMSF members must actually receive some proceeds from the sale of their existing residence.

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Legislation, Superannuation

Govt to prioritise retirement solutions

The government has declared it will be renewing its focus on improving the retirement phase of the country’s superannuation system.

The government has declared it will be renewing its focus on improving the retirement phase of the country’s superannuation system.

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Compliance & Regulation, Direct Property, Investments, Legislation, Property

Property developments viewed poorly

A recent trustee experience has demonstrated the ATO does not view SMSF investments in property developments involving a related party favourably.

A recent trustee experience has demonstrated the ATO does not view SMSF investments in property developments involving a related party favourably.

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Compliance & Regulation, Division 296, Legislation, Tax

Chalmers adamant about revised Div 296

The Treasurer has indicated he is currently not prepared to consider any other calculation methods for the revised Division 296 tax legislation.

The Treasurer has indicated he is currently not prepared to consider any other calculation methods for the revised Division 296 tax legislation.

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Compliance & Regulation, Contributions, Downsizer, Legislation, Regulation

Downsizer rules applied strictly

The ownership rules required to be satisfied before an SMSF member can make a downsizer contributions can be inflexible in some scenarios.

The ownership rules required to be satisfied before an SMSF member can make a downsizer contribution can be inflexible in some scenarios.

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Compliance & Regulation, Legislation

Wind-ups delayed by key-person risk

Key-person risk on several fronts has been acknowledged as a critical factor hampering the process of winding up an SMSF.

Key-person risk on several fronts has been acknowledged as a critical factor hampering the process of winding up an SMSF.

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Compliance & Regulation, Legislation, Regulation

Valuations not key to IHA compliance

The true nature of an in-house asset breach is not about whether the valuation of the holdings involved exceeds the allowable threshold.

The true nature of an in-house asset breach is not about whether the valuation of the holdings involved exceeds the allowable threshold.

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