Accountants

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03/08/2018

What happens if the SMSF Trustee can’t legally own the asset?

A Trustee of Self-Managed Superannuation Fund is obliged to have all SMSF assets in its own name. For example, the Nasution SMSF Fund owns a farm in Kyneton, Victoria. The Trustee of the Nasution SMSF is Camalot Pty Ltd. By law, the legal owner of the farm must be Camalot Pty Ltd. […]
19/05/2018

Family Court v’s Child Loan Agreement.

Family Court v’s Child Loan Agreement Does your Loan Agreement stand the test? Rowntree v FCT [2018] FCA 182 states that only a legally prepared Loan Agreement completely satisfies the Family Court. This is for a loan from a parent to a divorcing child. We love our children. You give them money. We […]
27/03/2018

ATO says ‘loans’ from company were not loans

ATO successfully penalises professional for no Loan Agreement Rowntree v FCT [2018] FCA 182 shows that only a legally prepared Loan Agreement satisfies the ATO for related-party loans. In this case, Justice Raes stated: ‘Bruce Rowntree was an experienced lawyer with extensive academic qualifications in law, finance and taxation. Despite having this impressive […]
17/02/2018

Can Family Trusts override the Family Court?

Family Trust v’s Family Court As a tax lawyer, I structure clients’ affairs to legally reduce tax burdens. I am also asked to: consider asset protection – in case the client or one of the structures goes bankrupt or insolvent stop the Family Court taking assets if there is a […]
07/05/2017

Accountant disrupts $3b debt collecting industry

Now the Adviser and Accountant does debt collecting Many businesses don’t have the time and resources to recover debts. Often they are too hard to collect. As accountants well know, over $3b of debt is written off every financial year in Australia. The debt collection industry is under the clutches […]
01/04/2017

Top 8 legal documents Accountants build at end of financial year

8 documents Accountants build at end of financial year I have sold over 16,000 Self-Managed Super Funds and 18,000 Family Trust Deeds online. Surprisingly, however, these are the 8 most common documents Accountants build at End of Financial Year: 1. Trust Distribution Statements for Family Trusts 2. Family Trust Vesting […]
31/03/2017

Travel costs to visit Accountant & Adviser tax deductible – says ATO TD 2017/8

When are costs of travel for a tax return deductible? This ATO Tax Determination TD 2017/8 was issued 29 March 2017. When you visit your accountant or financial planner the cost of travelling is tax deductible. This is when you are having your tax return prepared by a ‘recognised tax adviser’. It […]
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 […]