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News
How to hold your assets to meet your needs
2+ day, 19+ hour ago (682+ words) Townsend said if you have a specific arrangement that you want achieved such as your assets to be held only for your children and not an ex-spouse, or your assets not to be available to a creditor then it is…...
Court rules on trusts and Victorian land tax
1+ week, 2+ day ago (949+ words) Terence Wong, director, T Legal R.C. Land Management Pty Ltd v Commissioner [2026] VSC 49 The land tax assessments would be separated into equal 50% ownership of the land by two separate trusts, the Ross Property Trust (RPT) and the P. Colleluori Property Trust (PCPT)....
SMSF disputes: Control issues advisers must address
1+ week, 3+ day ago (1032+ words) Burgess said implementing a combination of careful member selection, tailored governing rules, corporate control planning, dispute resolution pathways, informed consent and exit strategy design can go a long way in ensuring that if any disputes do occur, their impact can…...
Changing interpretation of step-child important in estate planning for super
2+ week, 3+ day ago (901+ words) Robinson said the accepted view is now aligned with how the meaning of step-child is interpreted by the court in challenges to a will as well as with changing community expectations and the evolution of traditional families in Australia. “When…...
ATO???s impact statement on Bendel needs more inclusions: SMSFA
2+ week, 3+ day ago (672+ words) In its submission in response to the Australian Taxation Office’s DIS in response to Commissioner of Taxation v Bendel [2026] HCA 18 (Bendel), the SMSFA recommended the ATO include SMSFR 2009/31and SMSFR 2009/42 and associated SMSF audit and compliance guidance in its review. It…...
One million trust structures could be impacted by proposed reforms
3+ week, 3+ day ago (307+ words) In its submission on the reforms, the Institute said the proposed 30 per cent minimum tax on discretionary trusts could impose significant costs on family businesses, small businesses and some farmers, while creating outcomes that exceed the policy objective of the…...
Latest draft on trust policy capable of???imposing??? death tax on testamentary trusts
3+ week, 3+ day ago (643+ words) Burgess said widows, post-death estate trusts and child maintenance trusts following spousal separation all appear potentially exposed. “Less than three business days after ‘consultation’ closed on the proposed minimum tax on discretionary trusts, Treasury released a second tranche of amendments…...
ATO warns SMSF trustees to take note of rules on assets under LRBA
3+ week, 4+ day ago (426+ words) It has issued guidance on the issue covering topics such as acquiring assets from a related party, assets held on trust for an SMSF, and using an LRBA to buy blue-chip shares. An SMSF is also not allowed to borrow…...
Can you really disentitle a person from your Will?
3+ week, 5+ day ago (106+ words) Estate planning and wills With the current focus on family and domestic violence, Hallinan said that estrangement does not automatically mean there has been disentitling conduct. He said that while a person can deal with their property and make provisions…...
Discretionary trust reforms will impact lower-income Australians more than the wealthy
3+ week, 6+ day ago (969+ words) “We understand that the primary reason for this reform is to reduce the level of tax minimisation that discretionary trusts allow, however there does not seem to have been sufficient consultation on seeking alternative solutions to address this issue,” the…...