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Many unit trust deeds need varying

With many unit trust deeds failing to reflect the recent tax and legal developments, some deeds may need to be varied, particularly where SMSFs are involved. Introduction Unit trusts are a common i

Should an SMSF have a unitholders agreement?

A unitholders agreement can provide greater certainty and minimise risks where there is more than one unitholder. While the terms of a unit trust deed typically cover a number of important points, t

Is your discretionary trust still discretionary?

Recent case law in Australia has shown that courts are taking a stricter view of trustee duties. Overview Recent cases such as Re Owies Family Trust [2020] VSC 716 (Owies) and the later appeal to th

Nasty NALI tax may see contributions taxed at 120 per cent

Many believe super is tax effective. However, Australia has the highest tax rate in the world on retirement savings in certain situations. This article focuses on the potential impact of the non-ar

SMSFs doing property development may be hit with GST

The recent case of Ian Mark Collins & Mieneke Mianno Collins ATF The Collins Retirement Fund and Commissioner of Taxation [2022] AATA 628 is an important reminder for advisers about the application of

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