Articles by Darin Tyson-Chan

SMSF, Tax

Govt again urged to revise Div 296 tax

Division 296 tax, Division 296, SMSF, self-managed super, self-managed superannuation, SMSF Association, calculation, unrealised capital gains, SMSF trustees, Peter Burgess

The government has again been implored to rethink its Division 296 tax policy amid reports it has caused panic selling of assets among SMSFs.

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LRBA

Bare trust restricts asset treatment

Bare trust, limited recourse borrowing arrangement, LRBA, loan SIS Act, ASF, Shelley Banton, single acquirable asset, SMSF, self-managed super, self-managed superannuation, charge over an asset, related party, PCG 2016/5

Certain restrictive conditions will apply to an asset that is left in a bare trust after an LRBA has been paid off.

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SMSF, Superannuation, Tax

Start-ups to suffer under Div 296

Division 296 tax, Geoff Wilson, Wilson Asset Management, SMSF, self managed super, self managed superannuation, unrealised capital gains, start-up enterprise, start-ups, sequencing risk,

Superannuant reaction to the Division 296 tax introduction will have a profound effect on start-up enterprises in the immediate future.

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ATO, Education, NALI/NALE

TR 2010/1DC2 delivers double blow

Draft tax ruling TR 2010/1DC2, contribution rules, non-arm’s length expenditure, NALE, Accurium, Anthony Cullen, concessional contribution, GYBW, SMSF, self managed super, self managed superannuation

The latest draft tax ruling 2010/1DC2 has seen the ATO change its approach to the value of an asset has shifted due to a non-commercial arrangement.

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ATO, Superannuation

ATO counters false super rule changes

False claims currently being circulated regarding changes to the superannuation drawdown rules have been rebutted by the ATO.

False claims currently being circulated regarding changes to the superannuation drawdown rules have been rebutted by the ATO.

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Legislation, SMSF, Superannuation

Fixing CSLR priority number one

CSLR, Financial Advice Association Australia, FAAA, Compensation Scheme of Last Resort, Sarah Abood, sector cap, Dixon Advisory, United Global Capital, CSLR levy, financial advisers, Shield Master Fund, First Guardian

Amending the CSLR has been identified as the most important financial advice-related issue the Labor government must address when parliament restarts.

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NALI/NALE, SMSF, Tax

Service discount sway a NALE issue

Accurium, discounted services, employees, general expenses, NALE, Natalie Scott, non-arm's length expenditure, self-managed super, self-managed superannuation, SMSF, SMSF trustees, superannuation

Certain situations exist where a service discount granted to an SMSF will initiate the NALE rules even if the reduced price is available for all staff.

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Contributions, Downsizer, SMSF

Marriage length has no downsizer impact

The ability for a spouse to take advantage of the downsizer provisions is not dependent on how long the couple in question have been married.

The ability for a spouse to take advantage of the downsizer provisions is not dependent on how long the couple in question have been married.

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Legislation, Tax

Div 296 conversations need to resume

Division 296 tax, SMSF, SMSF Alliance, David Busoli, Senate, $3 million, total super balance

The result of the weekend’s federal election means practitioners should be preparing for renewed client conversations about the Division 296 tax.

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