News : Trusts

Compliance, Crypto Assets, Investments, Trusts

13.22c no easy way into crypto

The structure of a 13.22c unit trust may appear to make it useful for an SMSF to invest in crypto, but it is more likely to break super laws.

The structure of a 13.22c unit trust may appear to make it useful for an SMSF to invest in crypto, but it is more likely to break super laws.

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Pensions, Trusts

Automatic pension restart unworkable

Automatically commuting and restarting pensions via a trust deed rule is unlikely to be a valid way to address minimum payment failures.

Automatically commuting and restarting pensions via a trust deed rule is unlikely to be a valid way to address minimum payment failures.

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Pensions, Trusts

Agreement can’t redirect income stream

SMSF trustees are not bound by good faith agreements to make pension payments and must primarily follow the rules of a fund deed.

SMSF trustees are not bound by good faith agreements to make pension payments and must primarily follow the rules of a fund deed.

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Compliance, Strategy, Trusts

Examine deeds for compensation payments

SMSF deeds factoring in provisions for receiving compensation payments should ensure they cover events even after a fund has ceased operating.

SMSF deeds factoring in provisions for receiving compensation payments should ensure they cover events even after a fund has ceased operating.

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Commercial Property, Property, SMSF, Trusts

Next generation not a property fix

Including younger generations as members of an SMSF is unlikely to solve any problems arising from holding business real property in a fund.

Including younger generations as members of an SMSF is unlikely to solve any problems arising from holding business real property in a fund.

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Compliance, LRBA, SMSF, Trusts

Avoid LRBA structure short cuts

A bare trust should be the first and only option in which to house an LRBA-purchased asset as lenders and lawyers will reject other structures.

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Documentation, Trusts

Trustee appointment in death not equal

self managed super, self managed super fund, self managed super funds, self managed superannuation, SMSF, Trustee appointment, deceased member, executor, director corporate trustee, Accurium, Jason Hurst, ATO guidance

The appointment of individuals to act as trustees in place of a deceased SMSF member does not have to be performed in a proportionate manner.

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Property, SMSF, Trusts

13.22C trust utility overrides its complexity

self managed super, self managed super fund, self managed super funds, self managed superannuation, SMSF, 13.22C unit trust, restrictions, ownership of assets, BT, Bryan Ashenden, property, investment

While 13.22C trusts are complex, their use inside an SMSF can provide trustees with more flexibility around the use of underlying assets.

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Death benefits, Trusts

Unit trust bypass of SMSF unwise

self managed super, self managed superannuation, SMSF, transactions, payments, unit trust, death benefits, Accurium, Lee-Ann Hayes, Mark Ellem, SMSF Professionals Day 2025

Unit trust distributions to SMSFs should be executed in the cleanest way possible, especially when death benefits are involved.

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ATO, Regulation, Superannuation, Trusts

High Court can hear Bendel appeal

self managed super, self managed superannuation, SMSF, ATO, High Court appeal, unpaid present entitlements, UPE, Federal Court, Commissioner of Taxation v Bendel, unit trusts, loans, Division 7A, financial accommodation

The High Court has granted leave for the ATO to appeal the Bendel case decision related to the treatment of unpaid present entitlements.

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