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Understanding — and sometimes revisiting, or revamping — the family business structure

These issues become more important as laws change and as the only family members who understand the structure get older. There are several things to think about. Family business and investment structures can be complicated: often they were structured some time ago according to particular circumstances but those circumstances have now altered dramatically. To ensure […]

SMSF excess contributions tax avoidance: ATO targets dodgy deeds

If you think your SMSF deed allows you to circumvent excess contributions tax – think again. The ATO has recently published a Taxpayer Alert which examines the effect of provisions in some SMSF deeds that attempt to avoid excess contributions tax. These arrangements deliver negative taxation and superannuation consequences – both for SMSF trustees and […]

SMSF Death Benefit Agreements end the “lapsing/non-lapsing binding death benefit nominations” confusion

SMSF members can now arrange binding Death Benefit Agreements that do not lapse after 3 years — the agreement binds the trustee(s) until the member revokes it. Why are the new Death Benefit Agreements needed? There are risks associated with making binding death benefit nominations that are not consistent with all of the requirements specified […]

Small businesses: getting the net asset value test and your capital gains liability right — recent case

Small businesses need to be able to show the Commissioner that they have taken reasonable care in concluding that they are eligible for small business tax concessions. These steps will help them to show they have taken that level of care: • properly documenting the net asset position of a small business and its connected […]

Protecting the commercial value of your businesses’ name, sound, smell, etc. Trade marks: Greater protection than a business, company, or domain nam

Trade marks are an important way for businesses to build goodwill and to develop valuable intellectual property. Registering a trade mark is the best way to protect that property’s longevity and value. The purpose and value of your trade marks: signs, sounds, smell etc. Businesses use “signs” to distinguish their goods and services from those […]