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01/12/2016

Garden leave in Employment Contract

  Garden leave in Employment Contracts Ron Dennis vs McLaren F1 team Ron Dennis and the McLaren F1 team had a fight. Even the world of Formula 1 is not protected from the clutches of employment law. It's a perfect example of Garden leave. What is garden leave? 'Gardening leave is […]
28/11/2016

Contractor vs Employee

  Contractor vs Employee Many contractors are now employees - under the new rules You call yourself an independent contractor. Your business operates out of a company. However, the new rules mean that you are still an employee. The Contractor vs Employee question is now murky. What is an ‘employee?’ What is […]
17/11/2016

Can you abandon a gift in a Will to keep the pension?

Can you abandon a gift in a Will to keep the pension? The Financial Planner carefully structures Mary’s affairs. Mary receives a $1 pension and Concession Card. But then, Mary’s mother dies. Mum’s Will leaves everything to Mary. The inheritance costs Mary her $1 pension and Concession Card. Mary has […]
15/11/2016

SMSF Commercial Lease fails ATO scrutiny

SMSF Commercial Lease fails ATO scrutiny An accountant shows me a non-complying self-managed super fund. It owns commercial property. Its blemish? It does not have a correctly drafted SMSF commercial lease. It was a good lease. But it did not address the requirements of the SIS legislation. It failed the […]
07/11/2016

Mum dies, baby pays 66% tax

Taxing minor children upon parent's death - use of Post-Death Testamentary Trust In a perfect world, you build a 3-Generation Testamentary Trust in your Will. When you die, your Estate is tax-free for 80 years. A 3-Generation Testamentary Trust washes out the de-facto death duties: Capital Gains Tax, Stamp Duty […]
02/11/2016

Articles written by Adjunct Professor, Dr Brett Davies

Articles by Adjunct Professor, Dr. Brett Davies Click to view Why the worry with Service Trusts? Getting Property into Super for no stamp duty no CGT and no FBT Family Trusts and streaming life after Bamford Business succession planning Beware of failing to consider business structures ATO small business benchmarks […]
29/10/2016

Taxing Crowdfunding – ATO catches up on a new concept

The ATO has formed a view on Taxing Crowdfunding. The revolution is upon us and the ATO is having a hard time keeping up. 'Crowdfunding' is financial support for a project or venture. The collection and promotion are via internet platforms, mail-order subscriptions, benefit events and other methods. Crowdfunding falls […]
23/10/2016

Unsigned Will still valid – Statutory Will

Unsigned Will of dead Athena White; Parry v Smith What do you do with an unsigned Will? The Will was never signed. However, the Chief Justice said the Will was still valid. Under  s.21(2)  Succession Act, an order authorising a statutory is only made while the Will maker is still alive.  […]