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Should I choose a corporate trustee or an individual to control my SMSF?

Thinking| 22 Oct 2019

Should I choose a corporate trustee or an individual to control my SMSF?

In the second video of a series by our Private Clients team examining the five key self-managed super fund (SMSF) estate matters you must talk to your client about, Lawyer Marie Mitilineos looks at the control of an SMSF and why giving control to a corporate trustee rather than an individual can assist with succession and asset protection.

The Superannuation Guarantee Amnesty: Is it everything we’ve been promised?

Thinking| 22 Oct 2019

The Superannuation Guarantee Amnesty: Is it everything we’ve been promised?

The Superannuation Guarantee Amnesty has been reintroduced to Parliament, but is it everything we were promised? This article considers the eligibility requirements for the Amnesty and the subsequent proposed changes to the penalties regime. We also discuss our concerns around the scope of the Amnesty and the potentially quite harsh changes to the penalty regime that are slated to take effect after the Amnesty ends.

Disclosure as being ‘necessary but not sufficient’: ASIC ‘calls time’ on the usefulness of financial products and services disclosure

Thinking| 21 Oct 2019

Disclosure as being ‘necessary but not sufficient’: ASIC ‘calls time’ on the usefulness of financial products and services disclosure

Recently ASIC and the Dutch Authority for the Financial Markets (AFM) released a joint report examining the effectiveness of disclosure in driving good consumer outcomes in financial services and products. In releasing the report, ASIC says that it is time to ‘”call time” on disclosure as the default consumer protection’.

Talking Tax – Issue 174

Thinking| 18 Oct 2019

Talking Tax – Issue 174

This week in Talking Tax we take a look at the High Court’s long-awaited decision in the Sharpcan appeal and the recently announced NSW land tax amnesty. We also consider a draft PCG on the ATO’s compliance approach to GST apportionment of acquisitions that relate to certain financial supplies and the ATO’s decision to appeal the Federal Court’s decision in the Glencore transfer pricing case.

Financial Services in Focus – Issue 31

Thinking| 16 Oct 2019

Financial Services in Focus – Issue 31

Financial Services in Focus is a fortnightly round-up of legal and regulatory developments in the financial services sector in Australia. Read more here.