News : Tax

Compliance, Regulation, Tax

Tax agent code changes finalised

Code of professional conduct for tax agents Tax Agent Services (Code of Professional Conduct) Amendment (Measures No 2) Determination 2024

The proposed changes to the code of professional conduct for tax agents will be tabled in parliament after the government and industry agreed to a final round of changes.

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financial advice, Financial Planning, Tax

ATO updates advice fee deduction rules

Financial advice fees Tax deduction ATO Tax determination FAAA Financial Advice Association of Australia Sarah Abood

The ATO has released new rules around the deductibility of financial advice fees, which should reduce the upfront cost of advice.

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BDBNs, Tax, Trusts

BDBNs may hinder estate plans

BDBN Superannuation proceeds trust Binding death benefit nomination SMSF

A BDBN may not always be the best option for handling superannuation death benefits as it can lack the flexibility a trust structure provides.

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SMSF, Tax

Volatility shows Div 296 inequity

Large swings in the value of volatile assets, which could lead to SMSFs being subject to Division 296 tax, highlights the problem with taxing unrealised gains.

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AAT, Contributions, Tax

AAT rules unused super caps must apply

AAT Administrative Appeals Tribunal ATO Unused concessional contributions Carry-forward concessional contributions WTBW and Commissioner of Taxation [2024] Income Tax Assessment Act 1997 Division 293 tax

The AAT has upheld the ATO’s rejection of a taxpayer’s claim they can choose whether to apply the unused concessional contributions cap carried forward from previous years.

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NALI/NALE, Tax

Scheme needed to trigger NALI

Non-arm's-length expenditure Non-arm's-length income NALE NALI Scheme Income Tax Assessment Act (ITAA)

In determining if an SMSF has a NALI or NALE issue, it must first be established if a scheme exists with the arrangement in question.

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Tax

Tax write-offs for scams possible

SMSF Self-managed superannuation Heffron Lyn Formica investment scam tax deduction capital loss

Favourable tax treatment may be available to SMSF members who have been victims of an investment scam in certain circumstances.

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NALI/NALE, Tax

NALI penalises all capital gains

Non-arm’s length income NALI Capital gains SMSF Self-managed superannuation IFPA Natasha Panagis

An example included in TD 2024/5 has shown how the NALI provisions can affect all SMSF capital gains realised in a particular income year.

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Tax, TPB

Updated tax agent bill tabled in parliament

Tax agents code of professional conduct Tax Agent Services (Code of Professional Conduct) Determination 2024 Stephen Jones IFPA SMSF Association amendment

An amended bill dealing with the proposed changes to the code of professional conduct for tax agents has been tabled in parliament.

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Death benefits, Tax

Use Div 296 to open death tax discussion

Division 296 tax death benefits SMSF Self-managed superannuation Large balances Heffron Meg Heffron

The potential impact of the proposed Division 296 impost should be a trigger to open conversations around death benefit taxes and reducing large balances as both will carry a cost for fund members.

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