The author of this paper has been involved in the process since the Taxation Institute of Australia approached the Commissioner of Taxation in 1992 to suggest that the 1942 legislation was outdated and that a review of the regime for regulating tax practitioners should be undertaken. This paper addresses:
Superannuation: contributions, voluntary cashing and death
Note: This paper was delivered at both the Victorian and Tasmanian Conventions in 2008 (9-11 October and 17-18 October respectively).
Having a detailed understanding of the contribution and cashing rules for superannuation can allow you to maximise strategies and avoid problems, including when a member dies. This paper addresses some of the more common questions raised by advisers and also highlights certain benefits and opportunities for clients. Topics covered include:
know the ‘bring forward rule'
utilising the transitional concessional contribution cap
understanding the ‘Retirement' condition of release
A buy-sell agreement is an agreement under which the proprietors of a business contract to buy the equity or interest of another proprietor in the event of death/trauma or total or permanent disablement. To finance the transfer or the equity, the parties usually take out some form of insurance. This paper looks at key tax and commercial issues associated with buy-sell agreements, with special focus on:
self insurance and insurance trusts
using super funds for this purpose
share buy-back and unit redemption traps
when equity is held by trusts but insurance proceeds are paid to individuals.
Division 7A remains forever changed because the Commissioner has an unfettered discretion to ignore the operation of Division 7A since 2002. Although Practice Statement PSLA 2007/20 has since lapsed, the only way in which any previous Division 7A issues can now be dealt with is by seeking a favorable exercise of discretion by the Commissioner. This paper covers:
what needs to be disclosed to the Commissioner and more importantly what shouldn't be disclosed
tips and traps in dealing with the ATO on Division 7A.
Property developers face complex and changing GST rules and contentious scrutiny and approaches by the ATO. From small developers building a couple of units to larger complexes with many apartments, there are numerous GST issues to be addressed to ensure that any ATO audit activity is not a problem. With Australia's ageing population, an increase in the number of retirement villages has also created some GST traps. This paper covers:
margin scheme overview including a look at rulings and cases
change of purpose rules when leasing residential property