SMSFs transacting with former spouse, cousins or friends

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There are circumstances where a former spouse could be considered a related party of the fund. Any transactions would be subject to the sole purpose test and the investment strategy

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SMSFs transacting with former spouse, cousins or friends

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A question we get from time to time is whether the trustee(s) of an SMSF can enter into transactions with a fund member’s former spouse whether the transaction is a

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SMSFs and binding death benefit nominations – where is your limit?

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The superannuation environment may offer great tax efficiency in passing a member’s death benefits to their dependents, however there is a rider – the member will not have full control

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Can an SMSF member with a majority interest in the Fund expel another member? 

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The maximum number of members in an SMSF is expected to increase from 4 to 6 in near future. With economies of scale/pooling of resources, this could open doors to

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Uncertain future of attorneys making BDBNs for their principals

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While the facts of a recent NSW Supreme Court case, G v G (No.2) [2020] NSWSC 818, relate to a financial manager appointed under the NSW Trustee and Guardian Act 2009 (NSW)

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The retrospective effect of The State Revenue Legislation Further Amendment Act 2020 (NSW) on discretionary trusts 

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An important reminder that discretionary trusts that have already sold all residential properties before the deadline of 31 December 2020 could still be assessed for foreign surcharge purposes under the

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Reversionary pensions that don’t revert

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What happens where, at the time of death of the pensioner, a reversionary pension fails to revert because the nominated reversionary pensioner (an SIS Act dependant) is not eligible to

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Choosing an investment structure to meet in-house asset rule

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An SMSF investing with a related party must be careful not to breach the in-house asset rule. Donald and Melania are members of the Trumpet Super Fund and directors of

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Low interest rates prompting LRBA refinancing

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SMSF trustees should not give into the siren call of low interest rate refinancing of their Fund’s loan until they have considered these points. In the current low-interest rate environment,

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SMSFs and derivatives – a potential diversification option

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Investing in derivatives has been one of the popular investment options for savvy investors. As the ATO has been posing the question to some SMSF trustees whether their investments are

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