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