Category: Wealth

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A collection of articles, case studies and media releases highlighting the latest in legal news and at Rigby Cooke Lawyers.




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Federal Budget 2022-23

Federal Budget 2022-23 — New tax measures announced

26 October 2022

On 25 October 2022, Federal Treasurer Jim Chalmers handed down the Budget of the newly elected Government for 2022-23.

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Division 7A

Bucket companies and sub-trusts – no longer a guaranteed shield against Division 7A

21 March 2022

Almost 6 years ago, as part of the 2016-17 Federal Budget, the Government announced that it would make amendments to improve the operation of Division 7A of the Income Tax Assessment Act 1936 (ITAA 1936). The Government reiterated this intention in the 2018-19 Federal Budget, also clarifying that it will ensure that unpaid present entitlements (UPEs) come within the scope of Division 7A.

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Life Interest

I want to end my Life Interest

10 November 2021

Surrendering a life interest – beware the tax implications

A common method to ensure that a family member or spouse of a Willmaker will have the right to reside at a particular property for the rest of their lifetime is for the Willmaker to grant a ‘life interest’ to that individual.

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The risks of nominating and land development

20 September 2021

The State Revenue Office (SRO) has released a revenue ruling (DA-064) which sets out its views on the meaning of ‘land development’ in the context of the sub-sale provisions.

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Federal Budget

Federal Budget 2021-22: overview of taxation measures

12 May 2021

The Treasurer handed down the Federal Budget 2021-22 on 11 May 2021. Detailed below is a summary of the significant tax measures announced, followed by further detail regarding each of those measures.

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Family Trust Election – What is it and do I need one?

24 March 2021

If your family trust receives franked dividends or has tax losses, the trustee should consider the option of making a family trust election (FTE) in order to access certain tax concessions.

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Superannuation guarantee amnesty deadline fast approaching

31 August 2020

The 7 September 2020 deadline for the Australian Tax Office (ATO) superannuation guarantee amnesty (the Amnesty) is fast approaching.

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Director penalty notices – the looming threat in the COVID-19 crisis

23 July 2020

Since 1 April 2020, in a significant extension to the director penalty regime, company directors are now personally liable for unpaid Goods and Services Tax (GST) (including luxury car tax and wine equalisation tax). The expansion of the regime was introduced as part of the Government’s broader reform of Australia’s corporate insolvency regime.

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The Legal Life – meet Tamara Cardan

25 June 2020

Tamara is a Tax Counsel in our Tax and Wealth group. Tamara has over 12 years of tax expertise and has represented a broad range of clients including Australian and foreign based corporates, entities in the financial services, high wealth individuals, and non-profit organisations.

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Don’t forget to adjust your GST on the cancellation of contracts

11 June 2020

Due to the widespread economic impact of COVID-19 which has caused financial uncertainty for many businesses, contracts for the acquisition of goods or services may be cancelled in order to mitigate against further losses.

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employer superannuation, salary sacrifice

Important changes to employer superannuation guarantee obligations and salary sacrifice arrangements

02 June 2020

The Australian Taxation Office (ATO) has recently released a Guidance Note (GN 2020/1) which contains information for employers, payroll software providers and intermediaries who may need to change the way they calculate their superannuation guarantee obligations.

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JobKeeper – Remember to claim for your eligible business participant

26 May 2020

The JobKeeper payment scheme was announced on 30 March 2020 with the objective of providing financial support to entities to assist with the impact of COVID-19. Since that time, there has been a significant amount of information released to explain the complex operation of the scheme, including Treasury Rules, Australian Tax Office (ATO) rulings and guidelines, together with amendments to the Fair Work Act 2009 to enable employers to temporarily vary work arrangements for eligible employees.

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Tax, Covid-19, Corporate

The impact of COVID-19 on corporate tax residency – What is the risk?

13 May 2020

The worldwide impact of COVID-19, which has resulted in countries around the world shutting down their borders and international travel being banned, requires companies to operate online whenever possible.

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Land Tax, COVID-19

Victorian Land Tax discount and deferral relief to eligible property owners

06 May 2020

The Victorian Government recently announced a range of tax relief measures in response to COVID-19 to assist landlords and businesses. The State Revenue Office (SRO) has now provided further guidance on these initiatives.

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Wareham v Marsella, Self Managed Super Funds

Wareham v Marsella – Trustees Duties and their implication for Self Managed Super Funds

24 April 2020

Court of Appeal Superannuation Case

Managing your own self-managed superannuation fund (SMSF) brings with it estate planning issues. In addition to contemplating who will be entitled to receive your superannuation death benefit on your death you must also consider who will take control of your fund if you were to lose capacity or die.

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Superannuation Guarantee Amnesty, COVID-19

ATO offers some flexibility under the Superannuation Guarantee Amnesty due to impact of COVID-19

07 April 2020

Many employers seeking to take corrective action under the Superannuation Guarantee Amnesty (the Amnesty) may currently be so overwhelmed by the impacts of the COVID-19 pandemic that they do not consider they have the financial resources to apply for the Amnesty.

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Drafting a Will and Powers of Attorney in self-isolation

26 March 2020

The COVID-19 medical emergency highlights the importance of having a Will and Powers of Attorney in place. Now is the time to ensure you – and your loved ones – are protected by guaranteeing you have valid and effective medical and financial documents prepared.

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Superannuation Guarantee Amnesty passes Parliament – Now is the time to act

26 February 2020

On 6 March 2020, the legislation introducing the Superannuation Guarantee Amnesty (amnesty) received Royal Assent.

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Company directors personally liable for unpaid GST

What corporate veil? Company directors personally liable for unpaid GST

25 February 2020

From 1 April 2020, in a significant extension to the director penalty regime, company directors will be personally liable for unpaid GST (including luxury car tax and wine equalisation tax).

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foreign trust

Your discretionary trust will be deemed a ‘foreign trust’ from 1 March 2020

14 February 2020

Are you considering purchasing Victorian property through a discretionary trust? Think again, because from 1 March 2020 the State Revenue Office (SRO) will deem all discretionary trusts to constitute foreign purchasers.

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safe harbour

Stop tax in its tracks – ATO extends CGT exemption on sale of deceased’s residence

11 October 2019

The sale of a person’s main residence (ie their home) is generally exempt from capital gains tax. This exemption is ‘carried through’ to beneficiaries or executors of deceased estates who seek to dispose of the deceased’s main residence, where certain conditions are satisfied.

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Superannuation Guarantee Amnesty

Superannuation Guarantee Amnesty – Ready, Set, Go!

07 October 2019

On 18 September 2019, the Treasury Laws Amendment (Recovering Unpaid Superannuation) Bill 2019 (the Bill) was introduced into Parliament. The Bill seeks to re-introduce a superannuation guarantee amnesty, following the previous amnesty legislation lapsing due to the Federal Election being called in April 2019.

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Attorneys and Binding Death Benefit Nominations

20 September 2018

A recent Supreme Court decision has highlighted the importance of accurately implementing estate planning for individuals with Self-Managed Superannuation Funds (SMSFs), together with preparing tailored Powers of Attorney.

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