Posts

403 | Div 6E Income

Div 6E income is relevant when your trust income includes capital gains and/or franked distributions. Then Div 6E will avoid double taxation.

PSI Rules

301 | PSI Rules

PSI or PSB? The answer can cost or save you tax. Here is Andrew Henshaw of Velocity Legal in Melbourne with the details.

trust income streaming

97 | Trust Income Streaming

Trust income streaming is an important feature of non-fixed trusts. Here is Paul Mackenroth of Cleary Hoare with the details.

Trust Structure

91 | Trust Structure

Choosing the right trust structure is an important step to effectively manage and administer wealth. Here is Paul Mackenroth of Cleary Hoare with more.

Set Up a Discretionary Trust

90 | Set Up a Discretionary Trust

How do you set up a discretionary trust? Paul Mackenroth of Cleary Hoare in Brisbane will walk you through the process.

Duties of Trustees

89 | Duties of Trustees

The relationship between trustee and beneficiary is defined by rights and duties. Paul Mackenroth of Cleary Hoare in Brisbane will tell you more.

TRIS to Retirement Phase

88 | TRIS to Retirement Phase

When moving a TRIS to retirement phase, does it matter when you notify the trustee? Meg Heffron of Heffron SMSF Solutions has the answer.

when a member dies

87 | When a Member Dies

When a member dies, there is a lot to deal with in the aftermath - including the member's SMSF. Here is Meg Heffron of Heffron SMSF Solutions with the details.

Bring-Forward Rule

86 | Bring-Forward Rule

The bring forward rule for non-concessional contributions now needs to work around the TSB. Meg Heffron of Heffron SMSF Solutions will tell you more.

how to maximise ECPI

85 | How To Maximise ECPI

To minimise tax you need to maximise your exempt current pension income (ECPI). Melanie Dunn of Accurium will tell you how.

Actuarial Certificates

84 | Actuarial Certificates

Not every SMSF needs an actuarial certificate. Whether you do or don't depends on a range of things. Here is Melanie Dunn of Accurium with the details.

ECPI

82 | Segregation

To segregate or not - that is a big question and affects ECPI. Melanie Dunn of Accurium will walk you through the details.

74 | Small Business CGT Concessions

The small business CGT concessions are one of the most generous tax concessions in Australia. Adrian Bailey of Cleary Hoare will guide you through the details.

Basic Conditions When Selling Shares or Units

71 | New Basic Conditions When Selling Shares or Units

The basic conditions for small business CGT concessions have tightened. Adrian Bailey of Cleary Hoare will walk you through the changes.

Div 7a Payments

51 | Div 7A Payments

Div 7A payments can turn into an expensive exercise. Including transfer or provision of company assets. Peter Adams of Augmentor will tell you what this is all about. 

Div 7A loans

50 | Div 7A Loans

Div 7A loans are tricky but there are ways out.  As Peter Adams of Augmentors in Sydney will tell you.

Earnout Arrangements

49 | Earnout Arrangements

Most professional practices sell with an earnout arrangement. Patrick Huang of Argyle Lawyers will tell you how to treat these for tax purposes.

35 | Improving the Small Business CGT Concessions ED

"Improving the Small Business CGT Concessions" is the title of a new exposure draft. Patrick Huang of Argyle Lawyers will walk you through the details.

R&D tax Incentive

34 | R&D Tax Incentive

The R&D Tax Incentive can help companies to survive and prosper. But how? Kevin O'Hara of Techwitty will walk you through the details.

family law

18 | Family Law

To sort out the tax side of a relationship breakdown, it helps to understand the legal side. Here is Angelina Torrisi of Family Law Practice.

CFD

16 | What is a CFD?

CFDs are complicated. Jonathan Preston of HomeLoan Experts traded CFDs for quite a few years and will walk you through the ins and outs of CFD trading.

US tax obligations living in Australia

US 1 | US Tax While Living in Australia

As a US citizen or Greencard holder, the US will tax your worldwide income even while you live in Australia. Jane Bruno Bruno American Tax Services will give you the details.

Bywater

8 | The Story Behind the Bywater Case

We have all heard of Bywater, but what actually happened? How was it set up? And how did the ATO find out about it? Here is Robert Campbell of McLeod Campbell & Associates with more.

Australia's tax residency rules

6 | Australia’s Tax Residency Rules are Broken

Something as fundamental as tax residency should result in a clear answer. But it doesn't. Too hard as Clint Harding of Arnold Block Leibler will argue. 

commercial debt forgiveness

3 | Commercial Debt Forgiveness

How to treat commercial debt forgiveness for tax purposes? Robert Campbell of McLeod Campbell will give you a helpful overview.

Payroll tax

1 | Payroll Tax

Most of Australia's payroll tax legislation is harmonised across Australia. Andrew Fricot and Ankur Dhar of Revenue NSW will show you.

Articles

Lodge a tax return

88 | When to Lodge a Tax Return

Do you need to lodge a tax return for individuals? Usually YES but often NO. The rules can be confusing at the best of times.

75 | Tax Positions in Class

Tax positions in Class Super - or any accounting software for that matter - can be confusing. So here is a short overview for Class Super.
transferor trusts

52 | Transferor Trusts

If Australia didn’t have rules around transferor trusts, you could ‘park’ assets and income in overseas trusts.

51 | Trusts as Companies

Corporate unit trusts and public trading trusts are trusts in a legal sense but treated as companies for tax purposes.
taxation of deceased estates

50 | Taxation of Deceased Estates

The taxation of deceased estates can be easy and it can be tricky.  It depends on what goes in, what happens while it is in there and how it leaves.
control test

46 | Control Test

A non-fixed trust can only deduct tax losses and debt deductions if there is continuity of control of the trust. So here comes the control test.
50% Stake Test

45 | 50% Stake Test

The 50% stake test is all about who has been holding more than a 50% stake in the trust and whether that has changed from the loss to the income year.

44 | Pattern of Distributions Test

The pattern of distributions test only applies to non-fixed trusts without a family trust election.
Income Injection Test

43 | Income Injection Test

The income injection test applies to all fixed and non-fixed trusts including family trusts. The only exception are excepted trusts that are not family trusts.
Trust Losses

41 | Trust Losses

Trust losses are not subject to the Division 35 non-commercial loss rules.  Instead the trust loss provisions in Schedule 2F ITAA36 apply.
reimbursement agreement

40 | Reimbursement Agreement

A reimbursement agreement is an arrangement, where the trustee channels trust distributions via beneficiaries to a third party. 
Revocable trust

39 | Revocable Trust

A revocable trust is a pretend game.  So the Commissioner can put an end to the charade and tax the trustee instead.
CGT Event E4

38 | CGT Event E4

A CGT event E4 can only happen in relation to a fixed or hybrid trust interest. The non-assessable part results in a cost base adjustment per s104-70 ITAA97.
Basic Conditions

36 | Basic Conditions for an Asset Sale

The basic conditions are the biggest hurdle to take before you can claim the small business CGT concessions. If you get over these, you are on the home run.
how to stream trust income

35 | Streaming Trust Income Example

How to stream trust income sounds confusing enough in theory but gets even more confusing when you drown in numbers. But here is a simple example.
streaming of trust income

34 | Streaming Trust Income

Streaming of trust income is a good way to tax-effectively channel income to the right beneficiaries.
Who Pays the Income Tax for a Trust

33 | Who Pays the Income Tax for a Trust

Beneficiaries and/or trustee pay the income tax for a trust. But who pays how much?
Trust

29 | What is a Trust

There are more than 800,000 trusts in Australia with assets totalling more than $3 trillion. But what is trust?
Definition of Trust Income

23 | Definition of Trust Income

The definition of trust income in your deed determines who gets what income and as important who pays tax on what income. So you need to get this right.
withdraw from accumulation

6 | Withdraw from Accumulation

Can you withdraw from accumulation accounts in your SMSF? If you have met a condition of release, the answer is Yes. If you haven't, the answer is a big No.