Jun 11th, 2019 by dbanetwork
The election result was a surprise for most people. As a result of this we discuss the possible changes coming to SMSFs from the Coalition government. In particular, we discuss how to deal with the potential increase in the number of members allowed in an SMSF and the risks accompanying this.
We also discuss the current key case regarding the sole purpose test: Aussiegolfa. We explain what this case actually tells us about the sole purpose test and how advisers should proceed in light of this case and the ATO’s response.
Hosts: Bryce Figot, Special Counsel and Shaun Backhaus, Lawyer, DBA Lawyers
May 6th, 2019 by dbanetwork
In this podcast we disucss the recent case of Gonciarz v Bienias  WASC 104 and the conflict of interest that arises where an executor or administrator of a deceased estate applies to receive death benefits in their own capacity.
- What happened in Gonciarz v Bienias.
- Why the outcome in this case was different to Burgess v Burgess  WASC 279.
- The Courts statement of the current law in this area.
- What advisers can do to mitigate the risk of this conflict arising.
Hosts: Bryce Figot, Special Counsel and Shaun Backhaus, Lawyer DBA Lawyers
Apr 11th, 2019 by dbanetwork
In this podcast we look at the recent cases of Re Marcella and Eichmann and Commissioner of Taxation.
The Re Marcella judgement provides a great depth of analysis of how trust law principles apply to an SMSF. The case highlights the need for trustees to properly consider who to pay a death benefit to and when the courts may intervene where bad faith or grotesque unreasonableness is involved.
In this podcast we will cover:
- The key points of Re Marcella
- Why this case is important
- How this case is different from Katz v Grossman
Eichmann and Commissioner of Taxation
We will cover:
- Why was the subject property was considered an active asset for small business CGT relief purposes; how this case is different from Re Karapanagiotidis and Commissioner of Taxation  AATA 1961
- Whether there are implications for the definition of business real property
- Comparing this case with a similar example in SMSFR 2009/1
Hosts: Bryce Figot, Special Counsel, Shaun Backhaus, Lawyer and Christian Pakpahan, Lawyer DBA Lawyers