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02/05/2017

Memorandum & Articles of Association are dangerous

Australian companies created before 1 July 1998 had a 'Memorandum & Articles of Association' (M&A). Since then all new companies should have a Constitution. Both guide directors and officers in how the company conducts itself. Your old M&A still operates but not well. Faults with the old M&A: M&As require […]
30/04/2017

Commission contractor vs employee

Commission contractor vs employee - ATO  makes the correct decision The ATO accepts that a commission only salesperson is NOT an employee. Instead, they are independent contractors. But you need evidence of this. In the Commission contractor vs employee debate, it comes down to what is in your Independent Contractors Agreement. […]
22/04/2017

How to Build a Div 7A when the borrower is a Family Trust

Why do I need a Div 7A when the borrower is a Family Trust? A Division 7A Loan protects loans from your company to a shareholder or 'associate'. Your Family Trust is an 'associate'. Your Family Trust must have its own Div 7A Deed. This is how to build a […]
18/04/2017

Can a beneficiary disclaim their entitlement to Family Trust income?

Build Family Trust Distribution Statement online Price Family Trust – Distribution Statement 2016/2017 $22 Family Trust – Distribution Statement 2015/2016 $33 Family Trust – Distribution Statement 2014/2015 $44 Family Trust – Distribution Statement 2013/2014 $44 Can a beneficiary disclaim their entitlement? Each financial year your Family Trust gets an income. […]
12/04/2017

Added risks if Financial Planners operate out of a company? Consider ASIC v Cassimatis (Storm Financial)

Financial Planners operate out of a company. But is it wise? Directors make mistakes. ASIC punishes them. Fair enough. However, the court goes further when Financial Planners operate out of a company structure. Because Storm Financial held an Australian Financial Services (AFS) license it suffered twice. This is an alarming attack. […]
10/04/2017

Does your SMSF allow election to treat pension as lump sum? ATO is trying to stop you

Treat pension as lump sum? ATO says yes, but only if Deed allows it Treat pension as lump sum? The ATO has reluctantly confirmed that a Self-Managed Superannuation Fund's exempt pension income is reduced when an election is made. This is to treat a pension payment as a lump sum. […]
07/04/2017

Stop additional stamp duty & land tax – update your Family Trust Deed

For years, the Commonwealth inflicted a foreign family trust regime. Now NSW, Queensland and Victoria impose penalties for foreign beneficiaries and foreign trustees. Every Australian Family Trust is affected. What if your foreign family trust purchases or holds real estate in Australia?  It pays penalty stamp duty and land tax. […]
04/04/2017

Divorcing husband transfers assets to wife’s Family Trust – any CGT?

Moving assets into Family Trust & SMSF on divorce - for no CGT divorce family trust When you divorce often the biggest assets are in the Family Trust. No matter how much we all love our Family Trust it is still a separate entity from the marriage. Thankfully, CGT relief […]