70% of all Australian businesses are family-owned and a Binding Financial Agreement helps plan for worst case scenarios. Seeking independent financial and legal advice may be the best course of action.
Paul specialises in providing personal and business wealth protection through life and disability insurance advice for professionals, entrepreneurs, and business owners. With over 10 years in the insurance industry, together with his previous experience across a range of industries, Paul has built a strong knowledge of the diverse insurance requirements and personalised solutions required for […]
Recent developments have confirmed the critical importance of trustees properly considering which beneficiaries should receive distributions and how those distribution entitlements are satisfied.
Recent court cases and ATO guidance products present additional challenges for trustees when considering how to distribute trust income.
The Full Federal Court has handed down its decision in FCT v Guardian AIT Pty Ltd [2023] FCAFC 3 (“Guardian”) which considered the application of anti-avoidance rules to trust distributions to a corporate beneficiary.
The ATO has finalised draft guidance on the application of section 100A to trust entitlements, staying close to the original released earlier this year. The finalisation comes despite two cases (both for and against the Commissioner) currently on appeal to the Full Federal Court. The guidance provides a very stringent view by the ATO on what may fall within the scope of section 100A. This may create significant risks with respect to trust distributions that will need to be managed very carefully.
Leanne has built and developed an exemplary career spanning 15 years in financial services. Her clients value her holistic advice that informs her strategic wealth creation solutions across all dimensions of family wealth including retirement planning, wealth creation and protection, self-managed superannuation and estate planning. Leanne is passionate about working alongside women, supporting them with […]
The ATO has released a package of guidance materials (“Guidance”) targeting trust distributions under section 100A. The ATO outline that they could seek to apply section 100A where tax benefits are being obtained from arrangements in connection with such distributions.
The ATO has revised its view regarding unpaid present entitlements (“UPEs”) for Division 7A purposes that has been in effect since 16 December 2009. For UPEs arising on or after 1 July 2022, TR 2010/3 and PS LA 2010/4 will be withdrawn with the consequence that interest-only complying sub-trust arrangements will no longer be accepted.
In the face of increasing losses and concerns of the financial sustainability of insurers, the Australian Prudential Regulation Authority (APRA) has required insurers to commit to several changes to income protection products as of October 1st, 2021.
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