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...
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 – 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...