Business Structuring, Commercial Contracts Vittoria De Stefano Business Structuring, Commercial Contracts Vittoria De Stefano

Cessation of statutory protections for migrated security interests on the PPSR

Under the Personal Property Securities Act 2009 (Cth) (the Act), securities and charges under other legislation and registers were migrated onto the Personal Property Securities Register (PPSR). Many migrated securities were not registered in accordance with the Act’s registration requirements.

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Capital Gains Tax (CGT) small business concessions barred - income from incidental activity of associated entity counted toward determining aggregated annual turnover

The Full Federal Court of Australia denied the application of the CGT small business 50% active asset reduction on the basis that an unusual activity carried on by an associated entity to the taxpayer contributed to the aggregated annual turnover of the taxpayer and associated entity to be more than $2,000,000.

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Superannuation, Tax Harwood Andrews Superannuation, Tax Harwood Andrews

Deadline looming for rectification of non-commercial LRBA loans - get in quick!

As set out in our previous article, the deadline for ensuring non-commercial related party limited recourse borrowing arrangement (LRBA) loans are rectified to reflect commercial terms is 31 January 2017. This date is fast approaching and SMSF trustees must take immediate action to ensure compliance with the ATO’s guidelines set out in PCG 2016/5

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