16 episodes

Our new DBA Lawyers Podcast will be issued each month to keep you informed of what we (at DBA Lawyers) are doing and what is going on in the SMSF industry.

DBA Lawyers Podcast DBA Lawyers

    • Education
    • 5.0 • 2 Ratings

Our new DBA Lawyers Podcast will be issued each month to keep you informed of what we (at DBA Lawyers) are doing and what is going on in the SMSF industry.

    SMSF rollovers, salary sacrifice arrangements and SMSF deeds

    SMSF rollovers, salary sacrifice arrangements and SMSF deeds

    In this episode of the DBA Lawyers Podcast, Zacharia Galloway, Lawyer and Daniel Butler, Director, discuss the latest changes for SMSF rollovers, salary sacrifice arrangements and the importance of having an SMSF deed prepared by a qualified lawyer.


    Zac and Dan discuss the latest in changes for SMSF rollovers. From 1 October 2021, most SMSF rollovers will be via the SuperStream electronic exchange data and payment system apart from in specie and partial rollovers. Rollovers from an SMSF to other superannuation funds (eg, retail and industry superannuation funds) and from other superannuation funds to an SMSF must be processed via SuperStream. SMSF rollovers will also be subject to the strict time frames that apply to rollovers in the Superannuation Industry (Supervision) Regulations 1994 (Cth) which may prove to be problematic for SMSFs.


    Zac and Dan also discuss the importance of reviewing salary sacrifice arrangements in light of the recent increase in concessional contribution cap and super guarantee changes .


    Finally, Zac and Dan discuss the importance of having an SMSF deed prepared by a lawyer and some of the features of the latest DBA Lawyers SMSF deed.


    Dan will be presenting DBA Network Pty Ltd’s SMSF Online Update on 6 August 2021 and will be covering the latest non-arm’s length income ruling recently published by the ATO LCR 2021/2. To register, please click here.


    For a chance to have your SMSF query addressed on the show, please send your questions to zgalloway@dbalawyers.com.au.


    Related articles and links below.


    What to do about defects in SMSF deeds: a chain is only as strong as its weakest link


    SMSF deeds: how does your supplier rate?


    Advantages of the DBA Lawyers SMSF deed (2021-2022)


    Contribution reserving — are you aware of all the risks?


    Salary sacrifice amounts and SG changes


    DBA Network


    DBA Lawyers


    Hosts (in order of appearance): Zacharia Galloway, Lawyer and Daniel Butler, Director


    30 July  2021

    • 29 min
    What is new in the world of pensions

    What is new in the world of pensions

    In this episode of the DBA Lawyers Podcast, Zacharia Galloway, Lawyer and Bryce Figot, Special Counsel, discuss what is new in the world of pensions following the Federal Budget announcements on 11 May 2021.


    Bryce shares some practical tips for commuting and restarting a pension prior to or on 1 July. Bryce also discusses the legislative fix to assist those seeking to rollover death benefits in order to start a pension.


    Zac and Bryce also discuss the latest changes to legacy pensions announced in the Federal Budget for 2021-2022. Broadly, the changes will ‘allow individuals to exit a specified range of legacy retirement products, together with any associated reserves, for a two-year period’ and that ‘[t]he allocations and the commuted reserves will be taxed as an assessable contribution.’


    Bryce will be presenting DBA Network Pty Ltd’s SMSF Online Update on 9 July 2021 and will be covering the latest in pensions, changes for legacy pensions plus much more. To register, please click here.


    For a chance to have your SMSF query addressed on the show, please send your questions to zgalloway@dbalawyers.com.au.


    Related articles and links below.


    Budget impact on legacy pensions


    Proposed ECPI changes have some advantages


    DBA Network


    DBA Lawyers


    Hosts (in order of appearance): Zacharia Galloway, Lawyer and Bryce Figot, Special Counsel


    30 June  2021

    • 24 min
    Non-lapsing BDBNs and the special tax treatment of SMSFs

    Non-lapsing BDBNs and the special tax treatment of SMSFs

    In this episode of the DBA Lawyers Podcast, Zacharia Galloway, Lawyer and Daniel Butler, Director, discuss non-lapsing BDBNs and the special tax treatment of SMSFs.


    Zac and Dan discuss non-lapsing BDBNs and examine the recent case of Hill v Zuda [2021] WASCA 59. Importantly, this case upheld prior decisions that confirm that the 3-year sunset rule on BDBNs does not apply to SMSFs .


    Zac and Dan also discuss the special tax treatment of an SMSF and in particular, examine capital gains, property development and pensions.


    Dan will be presenting DBA Network Pty Ltd’s SMSF Online Update on 4 June2021 and will be covering maximising contributions, contribution reserving, year end tax planning, recent cases plus much more. To register, please click here.


    For a chance to have your SMSF query addressed on the show, please send your questions to zgalloway@dbalawyers.com.au.


    Related articles and links below.


    Hill v Zuda Pty Ltd [2021] WASCA 59 — how long can a BDBN last for in ALL Australian jurisdictions?


    The legal minefield of BDBNs


    DBA Network


    DBA Lawyers


    Hosts (in order of appearance): Zacharia Galloway, Lawyer and Daniel Butler, Director


    31 May 2021

    • 32 min
    SMSFs investing in Unit Trusts – Tips and traps to watch out for

    SMSFs investing in Unit Trusts – Tips and traps to watch out for

    In this episode of the DBA Lawyers Podcast, Zacharia Galloway, Lawyer and Shaun Backhaus, Lawyer, discuss SMSFs investing in unit trusts including 50-50 unit trusts and non-geared unit trusts (NGUT).


    Unit trusts are a popular investment vehicle for SMSFs as it allows for SMSFs to enter into investments with both related and unrelated parties. There are various risks that must be managed when an SMSF invests in a unit trust and these are often overlooked. In this episode of the podcast, Zac and Shaun give a broad overview as to what some of the most common traps are and how the risks can be mitigated.


    Zac and Shaun also discuss the relevant tests to ‘delicately’ manage with a 50-50 unit trust such as the control and sufficient influence test, the requirements that must be continually met for a  NGUT, as well as how a unitholders agreement can be a used to govern the terms between the unitholders in a unit trust.


    Shaun will be presenting DBA Network Pty Ltd’s SMSF Online Update on 7 May 2021 and will be covering SMSF and Bankruptcy plus much more. To register, please click here.


    For a chance to have your SMSF query addressed on the show, please send your questions to zgalloway@dbalawyers.com.au.


    Related articles and links below.


    SMSFs and 50-50 Unit Trusts


    Trustee and unitholder liability in unit trusts


    SMSFs investing via unit trusts


    DBA Network


    DBA Lawyers


    Hosts (in order of appearance): Zacharia Galloway, Lawyer and Shaun Backhaus, Lawyer


    30 April 2021

    • 25 min
    Family Law Superannuation Splitting – How it works and what to consider

    Family Law Superannuation Splitting – How it works and what to consider

    In this episode of the DBA Lawyers Podcast, Zacharia Galloway, Lawyer and William Fettes, Senior Associate, discuss family law superannuation splitting in respect of SMSFs.


    Where a relationship breakdown occurs, special attention must be given to the splitting of the superannuation benefits as there are quite a number issues to consider. In this episode, William provides a brief overview of how superannuation splitting works in the context of SMSFs.


    Zac and William discuss the different approaches to superannuation splitting orders (eg, base amount or percentage interest split) and how a combination of the approaches can be used in order to achieve the desired outcome. They then discuss what can go wrong when planning a superannuation split, the consequences of not complying with a splitting order and briefly discuss other tax and CGT considerations.


    They also address a client’s query regarding whether a reversionary pension can be paid to a former spouse in the situation where the client no longer has a spouse.


    William will be presenting DBA Network Pty Ltd’s SMSF Online Update on 16 April 2021 and will be discussing this topic in detail. To register, please click here.


    For a chance to have your SMSF query addressed on the show, please send your questions to zgalloway@dbalawyers.com.au.


    Related articles and links below.


    Family Law SuperSplitting Documents for SMSFs 


    The $1.6 million transfer balance cap revisited


    DBA Network


    DBA Lawyers


    Hosts (in order of appearance): Zacharia Galloway, Lawyer and William Fettes, Senior Associate


    30 March 2021

    • 37 min
    Lost deeds, TBC indexation and SMSFs involved in property development

    Lost deeds, TBC indexation and SMSFs involved in property development

    In this episode of the DBA Lawyers Podcast, Zacharia Galloway, Lawyer and Bryce Figot, Special Counsel, discuss what to do if you lose your trust deed, the first indexation of the Transfer Balance Cap (TBC) and the traps to be aware of for SMSFs involved in property development.


    A lost trust deed is an unfortunate but also common scenario when dealing with both trusts and SMSFs. Bryce discusses the recent case The application of M & L Richardson Pty Limited [2021] NSWSC 105 that highlights where a court may make an order for a trust to be administered on the basis of a copy of the deed, where the original deed cannot be located.


    Zac and Bryce then discuss the first indexation of the TBC set to take place on 1 July 2021 and briefly examine how proportionate indexation will affect the personal TBC of those already receiving pensions in retirement phase.


    Finally, Zac and Bryce discuss SMSFs engaged in property development and the tips and traps that SMSF trustees should be aware of. They also address a client’s query regarding whether a bank asking for a personal guarantee from an SMSF member in order to secure a loan for a unit trust, where the SMSF is invested in that unit trust, could result in non-arm’s length income (NALI).


    Bryce will be presenting DBA Network Pty Ltd’s SMSF Online Update on 5 March 2021 and will be discussing these topics in greater much detail. To register, please click here.


    For a chance to have your SMSF query addressed on the show, please send your questions to zgalloway@dbalawyers.com.au.


    Related articles and links below.


    Sutton v NRS(J) Pty Ltd [2020] NSWSC 826: Lessons for managing lost trust deeds


    The $1.6 million transfer balance cap revisited


    Is SMSF property development good or too good to be true?


    DBA Network


    DBA Lawyers


    Hosts (in order of appearance): Zacharia Galloway, Lawyer and Bryce Figot, Special Counsel

    • 21 min

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