Archive for the 'Death Benefits' 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 disucss the recent case of Gonciarz v Bienias [2019] WASC 104 and the conflict of interest that arises where an executor or administrator of a deceased estate applies to receive death benefits in their own capacity.

We discuss:

  • What happened in Gonciarz v Bienias.
  • Why the outcome in this case was different to Burgess v Burgess [2018] WASC 279.
  • The Courts statement of the current law in this area.
  • What advisers can do to mitigate the risk of this conflict arising.

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

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In this podcast we look at the recent cases of Re Marcella and Eichmann and Commissioner of Taxation. 

Re Marcella

The Re Marcella judgement provides a great depth of analysis of how trust law principles apply to an SMSF. The case highlights the need for trustees to properly consider who to pay a death benefit to and when the courts may intervene where bad faith or grotesque unreasonableness is involved.

In this podcast we will cover:

  • The key points of Re Marcella
  • Why this case is important
  • How this case is different from Katz v Grossman

Eichmann and Commissioner of Taxation

We will cover:

  • Why was the subject property was considered an active asset for small business CGT relief purposes; how this case is different from Re Karapanagiotidis and Commissioner of Taxation [2007] AATA 1961
  • Whether there are implications for the definition of business real property
  • Comparing this case with a similar example in SMSFR 2009/1

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

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