Our superannuation experts assist trustees, members, administrators, accountants, financial planners, auditors, lawyers and other advisers with all legal aspects of self-managed superannuation funds (SMSFs).

Two of our team members are accredited SMSF Specialist Advisors with the SMSF Association, the peak industry body for SMSFs.

Advice, compliance and strategy

  • Operation of Superannuation Industry (Supervision) Act 1993 and Regulations
  • Investment structuring advice including limited recourse borrowing arrangements, unrelated unit trusts, ungeared unit trusts, pre-1999 unit trusts and private companies
  • Property development and joint venture arrangements
  • Taxation of superannuation funds, including non-arm’s length income issues and residency, pensions, redundancy payments and salary sacrifice arrangements
  • Special purpose estate planning strategies and solutions
  • Contribution and benefit payments advice
  • Excess contributions tax assessment advice
  • Implementing in-specie contributions
  • Advice on succession strategies including reversionary pensions, binding nominations and enduring powers of attorney
  • Reviewing loan documents for limited recourse borrowing arrangements
  • Superannuation and bankruptcy
  • Powers of attorney and trustee issues
  • Residency and Australian superannuation funds
  • Superannuation issues in family law and other settlements

Structuring and documentation

  • Establishing and winding up SMSFs
  • Limited recourse borrowing arrangements and other investment structures
  • Pension documents, including transition to retirement and reversionary pensions
  • Binding nominations, enduring powers of attorney and other tailored succession/estate planning documentation
  • Tailoring trust deeds, company constitutions and other documents
  • Trust deed updates, including change in trustees
  • New special purpose trustee companies
  • Unitholders agreements tailored for SMSF investment issues
  • Property leases tailored to deal with SMSF investment issues

SMSF audits

  • Advising auditors of their obligations
  • Assisting auditors in determining whether to report contraventions
  • Assisting SMSF trustees, advisers and auditors in determining what action should be taken to rectify issues
  • Assisting SMSF trustees and advisers in responding to auditor concerns and contravention reports

ATO dealings

  • Voluntary disclosures
  • Application for Commissioner’s discretion
  • Private rulings and SMSF specific advice
  • Objections and AAT hearing
  • Trustee disqualifications
  • Administrative penalties, education directions and rectification directions
  • Enforceable undertakings
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