Stamp Duty Out, Commercial and Industrial Property Tax In Starting 1 July 2024

Stamp Duty Out, Commercial and Industrial Property Tax In Starting 1 July 2024

From 1 July 2024, a new state taxes regime commences for certain commercial and industrial properties. Upfront land transfer (stamp) duty will be phased out in lieu of a new annualised Commercial and Industrial Property Tax (New Tax).

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Binding Death Benefit Nominations – Notice and Conduct 

Binding Death Benefit Nominations – Notice and Conduct 

A binding death benefit nomination (BDBN) is a direction from a member of a superannuation fund to the trustee of the superannuation fund on how that person’s superannuation entitlements are to be paid or transferred on their death. In the absence of a BDBN, the trustee is not compelled to distribute the superannuation proceeds in accordance with the member’s wishes.

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Superannuation nominations and death
Wills and Estates, Superannuation Deborah Anderson Wills and Estates, Superannuation Deborah Anderson

Superannuation nominations and death

There has recently been publicity in the media; about the long delays by superannuation funds in processing applications made by bereaved family members for payment of deceased person’s superannuation entitlements.

Some reports have referenced people waiting 15 months for the fund to make the payment, causing emotional and financial distress for the claimants.

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Succession Planning with Digital Assets

Succession Planning with Digital Assets

Not so long ago, the possessions that people left to their estate after passing away were physical and tangible like cars, cash or jewellery. These days however people produce a significant digital footprint consisting of accounts, profiles, and digital assets. New assets and investments such as cryptocurrencies, NFTs, loyalty program accounts and social media accounts are all changing the succession planning process. Existing tools like Wills and trusts remain effective to deal with these digital assets.

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Superannuation for contractors – come one, come all

Superannuation for contractors – come one, come all

Determining whether an individual is an employee or contractor can leave you scratching your head. There is unfortunately little clarification in the context of superannuation entitlements and determining whether payments to a contractor are covered by the superannuation guarantee (SGC) regime further blurs the line between contractor and employee.

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Tax Disputes Part 2 - Voluntary Disclosures

Tax Disputes Part 2 - Voluntary Disclosures

This is the second in a series of articles on strategies that can be employed in a tax dispute with the ATO.

Tax disputes can be costly, time consuming, and stressful, even if the taxpayer is ultimately successful.  When approached by the Australian Taxation Office (ATO), we will always advise clients to engage with the ATO to either resolve or narrow the issues in dispute as quickly as possible. 

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Transfer of real property between SMSFs fails to trigger duty
Superannuation Alasdair Woodford Superannuation Alasdair Woodford

Transfer of real property between SMSFs fails to trigger duty

The New South Wales Civil and Administrative Tribunal (NCAT) recently considered whether a duty concession was applicable to the transfer of property related to a person changing superannuation fund – including self managed superannuation fund (SMSF) in Nifuno Pty Ltd atf Stephen Forbes Pension Fund v Chief Commissioner of State Revenue [2019] NSWCATOD 3 (Forbes).

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ATO’s 2017/18 areas of focus for SMSFs
Superannuation Vittoria De Stefano Superannuation Vittoria De Stefano

ATO’s 2017/18 areas of focus for SMSFs

At the SMSF National Conference we heard James O’Halloran, Deputy Commissioner of Superannuation give a speech outlining the areas of focus for the balance of the financial year. The speech confirmed that a key component of the ATO is education to prevent breaches before they occur, especially in light of the recent superannuation reforms, but with some specific enforcement priorities.

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