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’....
Business Succession Planning Quick links: Dr Brett Davies’ thesis – Click here Estate planning manual – Click here Business Succession Planning Question: Dear Dr Davies, I am a financial planner specialising in business risk. I was hoping that you...
SMSF Joint Tenants vs Tenants in Common – Which is better? Question: SMSF Joint Tenants vs Tenants in Common is a common discussion. I agree that Joint Tenancy is generally dangerous because of the CGT regime as per your previous PRUDENCE (2nd Edition)...
Court rewrites Will to save tax – a novel remedy for crazy people Each of the States and Territories allow the making, revoking and varying of a Will. But only if you lack testamentary capacity: South Australia: section 7 Wills Act 1936 (SA) ACT: section 16A...
Joint tenancy is old-fashioned and dangerous Joint Tenancy vs Tenants in Common Tenants in common: each owner holds their discrete share of the asset outright. It can be 20% and 80%. Or it can be 50% and 50%. Or it can be 34%, 6% and 60%. However, it must equal 100%...
