ATO – Australian Taxation Office

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26/08/2016

Can you offer ‘free’ SMSF setup? ASIC attacks SMSF promotor

&nbsp ASIC attacks SMSF promotor, but is it fair? Good old ASIC has successfully applied a penalty on a business seeking to set up your SMSF for ‘free’ – but then charging you $1,100 per year. The ASIC $10,800 slap on the arm is because the advertising of ‘free’ potentially misleads […]
18/04/2016

Five simple Asset Protection strategies

Asset protection Business owners, doctors, farmers and professionals face constant exposure to lawsuits and insolvency. Professional Indemnity insurance companies often wiggle out of not paying. You bet the house on a successful outcome with every client who comes in the door. Like professionals with insurance, anyone who owns rental or […]
18/04/2016

The most tax effective Business Structures

Business Structures: Family Trusts Trusts for Business Be careful in which “vehicle” you buy or build a business or asset. You can run your business as a sole trader, partnership or through a company via a Family Trust or Unit Trust or a combination of the above. You may buy […]
18/04/2016

Business Succession Planning Manual

Business Succession Planning – Buy/Sell Agreements The importance of Business Succession Planning: there are approximately 2 million small businesses in Australia. Many such businesses operate with more than one owner who together may manage the small business. An owner may die or suffer from a disability and be unable to continue to […]
18/04/2016

Estate Planning Manual – avoid the 4 Australian Death Taxes

Every year, Australian taxpayers voluntarily pay the Tax Office millions of dollars in “Death Taxes”. Are you going to be one of them? Proper Estate Planning ensures that your estate goes to those you care about, and not the Tax Man. Does the “Simple Will” protect your family? Many people […]
08/04/2016

Drafting Div 7A Loans – ATO’s 4 concerns

The ATO has just audited my new client’s Div 7A agreement. It did not go well. Many Div 7A Loan agreements are not ‘commercial’ and therefore not valid based on 4 common drafting errors: The Div 7A Loan must be signed as a ‘Deed’ not as an ‘agreement’. ‘Agreements’ require […]
02/04/2016

A new way of defining Trust Income for fixed trusts – AMIT

A new way of defining Trust Income for fixed trusts – AMIT The Federal Government is kindly giving Trustees of fixed trusts a new way of calculating trust income, distribution and attributions. This is under the AMIT (Attribution Managed Investment Trust) rules. It starts 1 July 2016, but you have […]
27/03/2016

Making the ATO happy – 4 issues to consider for SMSF Investment Strategies

Legal Consolidated prepares pro-forma SMSF Investment Strategies that seek to comply with the ATO’s current perception of best practice. To keep the ATO happy: Keep the Investment Strategy simple and flexible – the ATO is more likely to find non-compliance in complex Investment Strategies. Include the words ‘consideration of diversification, […]