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Are your superannuation benefits safe from creditors and the ATO? paper

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DisclaimerThis material is copyright. Apart from any fair dealing for the purposes of private study, research, criticism or review, as permitted under the Copyright Act, no part may be reproduced by any process without written permission from The Tax Institute.
Unless expressly stated, opinions are not that of The Tax Institute, which accepts no responsibility for the accuracy of any of the information contained within it.

Published on 05 May 16 by SOUTH AUSTRALIAN DIVISION, THE TAX INSTITUTE

This paper covers:

  • Bankruptcy Act - overview
  • legislative changes prior to July 2007
  • a member's interest in superannuation
  • general bankruptcy clawback provisions
  • legislative changes from July 2007
  • superannuation claw back provisions
  • recovering void contributions
  • transfers to defraud creditors under state law
  • legal capacity of a bankrupt
  • benefits
  • death benefits.

Author profile

Charalambous Patsias CTA
Harry Patsias is a Partner at Wallmans Lawyers providing specialist tax, superannuation and commercial advice. His areas of expertise include federal and state taxes, superannuation compliance and commercial and trust law. Harry is experienced in managing and resolving contentious issues with federal and state taxation authorities, including pre-audit risk reviews and taxpayer representation during comprehensive reviews, audits, mediation of taxation disputes and appeals. - Current at 16 August 2016
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This was presented at 2016 Barossa Convention .

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