BLB News

Capital Gains Tax Withholding Regime and its application in Self Managed Super

27/02/2019

Mary and John purchased a property in NSW using their SMSF in 2012 under a limited recourse borrowing arrangement. Their SMSF has recently repaid the loan and they are now wanting to transfer the property back to their SMSF. Elizabeth Wang discusses.

Can an SMSF be liable for foreign purchaser surcharge duty?

27/02/2019

John and Mary, a married couple, are members and individual trustees of their SMSF and their benefits in the fund represent 10% (John) and 90% (Mary) of the total value of the fund respectively. John is a foreign person for the purposes of the surcharge duty in NSW. Is the SMSF subject to surcharge duty in NSW? Jeff Song outlines the position.

When to review or update a Will.

27/02/2019

Many clients complete a Will and then fail to revisit it for years, and it is concerning that some never do. However, an estate plan is not static; it cannot be set and then forgotten about. It is not difficult, or necessarily expensive to change a Will - it can be amended, modified, updated or even revoked at any time. Elizabeth considers the issues.

Undischarged Bankrupt as trustee of SMSF - Not possible? Think again

27/02/2019

In a recent case in the Supreme Court of Western Australia an undischarged bankrupt SMSF member has successfully applied for leave to act as a director of the corporate trustee of his SMSF. The bankrupt was one of two members of the fund, along with his former spouse. Jeff Song considers the issues.

Have your clients repaid their LRBA and now want to sell the property?

27/02/2019

Once a limited recourse borrowing arrangement has been repaid, the trustees of a Fund can decide that they would like to sell the property to a third party.