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’....

Dr Brett Davies’ Thesis – Business Succession Planning

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...

Binding Financial Agreements – are they still legally binding?

Binding Financial Agreements (BFAs). Legal Consolidated Barristers & Solicitors no longer does BFAs. To date, all Legal Consolidated BFAs have been upheld in the Family Court and other Courts. We have stopped doing BFAs while we have a 100% success rate. In our...

SMSF Joint Tenants vs Tenants in Common

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)...