Articles by Darin Tyson-Chan

Division 296, ECPI, Pensions, Tax

Accumulation exits best for Div 296

Self managed superannuation fund, Self managed super, SMSF, total super balance, Division 296 tax, Division 296, withdrawals, accumulation, Colonial First State, Craig Day, exempt current pension income, ECPI

Drawdowns to manage the proposed Division 296 impost should be made from the accumulation interest of SMSF trustees to achieve an optimal tax outcome.

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Documentation, Investments, Trusts

Past borrowings okay for 13.22C trusts

A unit trust or company can have previously employed a borrowing arrangement and still allow for an exempt SMSF in-house asset investment under SIS Regulation 13.22C.

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Division 296, SMSF, Superannuation, Tax

Personal injury a Div 296 escape

Any individual who makes a superannuation contribution stemming from a personal injury insurance payment will not be captured by the Division 296 tax.

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Division 296, Documentation, SMSF

Proposed tax necessitates SAR change

The reporting regime for SMSFs is having to be modified due to additional information that will be required for Division 296 tax calculations.

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Division 296, SMSF, Tax

SMSF double whammy from new tax

SMSFs trustees face paying tax on both unrealised and realised capital gains as a result of the proposed Division 296 tax.

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Contributions, NALI/NALE

In-specie transfer not a NALE trigger

An in-specie transfer an SMSF member makes with no purchase amount should not trigger the non-arm’s-length expenditure provisions.

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Retirement

Australian retirement mood improves

The optimism and confidence Australians have toward their own retirement has significantly improved over the past few years.

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SMSF, Tax

Future Div 296 indexation not a lock

Superannuants should not assume any future government will definitely introduce an indexation measure to the Division 296 tax legislation.

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Pensions

Check TRIS docs prior to conversion

SMSF, self managed super, TRIS, documentation, transition-to-retirement income stream, Accurium, Melanie Dunn, condition of release, retirement-phase pension interest, SMSF Professionals Day 2025

Practitioners should check the documentation regarding a client’s TRIS to ensure it is not restricted if converted to a retirement interest.

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Contributions, Tax

Timing key for CGT-linked contribution

SMSF, self managed super, CGT, contribution, deductible contribution, capital gains tax, Accurium, Lee-Ann Hayes, property, SMSF Professionals Day 2025

The timing of a deductible contribution to an SMSF is critical when implementing a strategy involving a capital gains tax event.

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