News : Trusts

Compliance, NALI/NALE, Trusts

Trust services could bring NALI scrutiny

Unit trusts NALI Non-arm's length income Related party

Contracting a related party to perform services on a unit trust with SMSF investors may expose the trustees to significant NALI risks.

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Documentation, Regulation, SMSF, Trusts

New trust reporting requirements for SMSFs

MTAS Modernisation of Trust Administration Systems SMSF Self-managed superannuation Trusts Capital gains SMSF Association ATO

New ATO reporting rules for SMSFs receiving trust distributions are now in effect, impacting lodgements for the 2024 income year onwards.

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LRBA, Property, Trusts

LRBA bare trust transfer needless

Bare trust LRBA SMSF Property

Properties acquired using an LRBA need not automatically be transferred from a bare trust into an SMSF once the loan has been paid back.

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Auditing, Trusts

Assert right to unit trust information

SMSF Unit trust investment Audit Beneficiary DBA Lawyers Bryce Figot

SMSFs invested in a unit trust have a right to information about the fund and should assert that right with its trustee who has an obligation to respond.

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Compliance, LRBA, Trusts

LRBAs not good for vacant land

Single acquirable asset Vacant land LRBA Unit trust

SMSF trustees could face a compliance issue should they use an LRBA to purchase vacant land through their fund.

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Documentation, Trusts

Review of deed chain essential

SMSF trust deed deed chain changes Cooper Grace Ward Nathan Rutherford

Checking the history of changes to an SMSF trust deed and ensuring they are valid is crucial to planning for the potential death of a fund member.

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SMSF, Trusts

Dual trustees an unnecessary risk

SMSF corporate trustee Accurium

Administering an SMSF with a trustee and a trustee company could potentially expose the fund’s assets should the company encounter legal or regulatory issues.

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Tax, Trusts

Deed change costs not all deductible

SMSF trust deed amendment tax deduction

Determining whether legal fees arising from a trust deed amendment are tax deductible will hinge on the nature of the expenses in question.

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BDBNs, Death benefits, Platforms, Trusts

NowInfinity shares deed death benefit priorities

NowInfinity trust deed

NowInfinity has provided more detail as to the significance of the changes made to its trust deed, including the priority of death benefits.

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BDBNs, Death benefits, Estate Planning, Trusts

NowInfinity enhances trust deed

NowInfinity trust deed death benefit

NowInfinity has collaborated with clients and industry experts to enhance the estate planning features contained in its trust deed.

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