Articles by Darin Tyson-Chan

Auditing, Compliance, SMSF

Disclaimers can reduce audit risk

Auditor disclaimer

SMSF auditors need to provide their clients with a disclaimer stipulating the aspects of the fund that have not been examined to lessen litigation risk.

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Estate Planning, SMSF

Proper BDBN commitment required

An estate planning strategy can achieve the desired outcome if the trustees involved respect all aspects of the chosen course of action.

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ASIC, Compliance, financial advice

External information can lower risk

ASIC

Pointing clients to investment guidance provided by organisations such as ASIC is a good way to minimising the risk of an advisory practice.

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Property, SMSF, Trusts

Business property leases critical

Business real property leases

Advisers need to satisfy all elements involved when looking to comply with the in-house asset rules relating to commercial property.

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Trusts

Unit trust operation key factor

unit trust, SMSF

The workings of a unit trust rather than its ownership structure is the critical factor in determining whether it is a related-party unit trust.

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BDBNs, SMSF, Strategy, Superannuation

BDBN not just about time of death

BDBN estate planning

An effective SMSF estate plan must go beyond the survival of one party over another at the time of the relevant member’s death.

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ATO, Property, SMSF

Property project checking a must

Property development

The progress of property developments in which SMSFs are invested need to be continually monitored to avoid compliance breaches.

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NALI/NALE

New bill may provide NALE fix

NALE bill

A solution to one NALE issue could potentially be provided by the interaction of the bill tabled in parliament last week and TR 2010/1DC.

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Downsizer

Downsizer valuations absolute

Downsizer valuation

The valuation rules applied to downsizer contributions are very strict and not consistent with other tax provisions regarding property transactions.

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Superannuation, Tax

Indexation measure a Div 293 issue

indexation division 293

Indexation of the quarterly maximum super contribution base might trigger a Division 293 tax issue for employees on high salaries.

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