The Australian Taxation Office (ATO) has recently provided updated guidance on their website regarding the cashing requirements as a reversionary pension from a death benefit. In particular, this update provides some ‘concession’ for beneficiaries where for some reason the minimum pension is failed during an income year. Where the minimum pension has not been met…
The recent case of Dawson v. Dawson once again shed light on the importance of following procedure in the event of a member’s death. Similar to the decision in Ioppolo’s case, we saw that the trustee was able to demonstrate continued compliance with the definition of a SMSF within a six month time period without…
The recent case of Dawson v Dawson [2019] NSWSC 826 recently handed down by the New South Wales Supreme court serves as a solemn reminder of what can go wrong when families, particularly blended families, with SMSFs, are in conflict with incomplete documentation. In this blogpost, we explore the circumstances of the case and what…
It is one of the most contentious issues for members of a SMSF when it comes to the payment of a super income stream and their estate planning wishes – in the event of death, what document will take precedent? An auto-reversionary pension or binding death benefit nomination (BDBN)? Well, the answer ultimately depends upon…
With Treasury Laws Amendment (2018 Measures No. 4) Bill 2018 finally passing the Senate late in 2018, it required further amendments to be passed by the House of Representatives before this ‘fix’ would apply to allow for certain reversionary pensions to continue or move into the retirement phase. Importantly, we have now seen this legislation on…