Archive for the 'Compliance' Category

In this podcast we discuss:

Commissioner of Taxation v Cassaniti [2018] FCAFC 212

This case explores what is needed to provide cogent evidence in tax cases against the Commissioner. We explore the facts and give some handy tips for what documents should be in place to set yourself up for success in future disputes.

Reversionary pension v BDBN: Which one wins?

Bryce explores this hot topic and gives you the rundown on what happens when reversionary pension documents and BDBNs conflict.

ATO investment strategy letters 

Everyone has been talking about the ATO's recent letters warning trustees about their investment strategies. We discuss this news and give our view on what an investment strategy should contain.

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In this podcast we discuss two recent cases.

Brooks and Commissioner of Taxation (Taxation) [2019] AATA 1236 is a recent AAT decision where a person was made a disqualified person by the Commissioner and thus unable to act as the director of the corporate trustee of their SMSF. We look at the contraventions that occurred in this case, what the Commissioner considered in making this decision and discuss what advisers should do when a similar situation arises.

Wykrota v Chief Commissioner of State Revenue [2019] NSWCATAD 106 is a case about whether a person was entitled to the apparent purchaser duty concession; a concession often relied upon in an LRBA context when transferring property to an SMSF trustee. We discuss what key documents and facts should be in place when establishing an LRBA to ensure this concession is not jeopardised.

Hosts: Bryce Figot, Special Counsel and Shaun Backhaus, Lawyer, DBA Lawyers

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The election result was a surprise for most people. As a result of this we discuss the possible changes coming to SMSFs from the Coalition government. In particular, we discuss how to deal with the potential increase in the number of members allowed in an SMSF and the risks accompanying this.

We also discuss the current key case regarding the sole purpose test: Aussiegolfa. We explain what this case actually tells us about the sole purpose test and how advisers should proceed in light of this case and the ATO’s response.

Hosts: Bryce Figot, Special Counsel and Shaun Backhaus, Lawyer, DBA Lawyers

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