Vacant Residential Land Tax Changes and Significant Actions Required by Landowners
Holiday homes to be hit by Victoria’s vacant residential land tax unless usage documented
Sladen Snippet - Cihan - Transfer of land to an SMSF reversed for unconscionable dealing
The NSW Supreme Court decision of Cihan Family Trust v Cihan Family Superannuation Fund [2023] NSWSC 1289 found that a transfer of land from a family trust to a SMSF should be reversed on the basis of unconscionable conduct of a son against his father.
Sladen Snippet – Corbisieri – BDBN invalid due to relationship breakdown
The case of Corbisieri v NM Superannuation Proprietary Limited [2023] FCA 1319 involved an appeal by the mother of a deceased against the decision of the Australian Financial Complaints Authority (AFCA) to uphold a BDBN to benefit the de facto spouse of her late son, which was to be funded out of life insurance proceeds in AMP Superannuation.
Is legal ‘goodwill’ different to accounting ‘goodwill’ and if so, why does it matter?
Sladen Snippet – van Camp – deathbed BDBN found to be valid
In this Judgment of the NSW Supreme Court, a binding death benefit nomination (BDBN) signed on the date of death of the sole member of a self managed superannuation fund (SMSF) was upheld. Challenges to the BDBN’s validity, by the SMSF trustee and two of the deceased’s executors, based on lack of capacity and unconscionability both failed.
New Year – New Changes: Top 20 Victorian State Tax Measures From 1 January 2024, Including Vacant Residential Land Tax Changes
Victoria has a wide range of significant State tax changes commencing 1 January 2024 which impact numerous individuals, businesses, and land holders. Many were introduced under the State Taxation Acts and Other Acts Amendment Act 2023 which received Royal Assent on 12 December 2023.
Restructuring – To Roll Or Not To Roll?
The AHRC Releases Guidance on New ‘Positive Duty’ for Employers
The Australian Human Rights Commission (the Commission) has released guidance for employers on how to comply with the new positive duty under section 47C of the Sex Discrimination Act 1984 (Cth) (the Sex Discrimination Act).
Are Foreign Surcharge Stamp Duty and Land Taxes Illegal?
The Federal Government’s Mid-Year Economic and Financial Outlook 2023-24 (MYEFO) (released on 13 December 2023) has again raised the legality of the ability of the States to impose foreign purchaser land transfer (stamp) duty surcharge and foreign owner land tax (together, the foreign surcharges).
Goodbye stamp duty (eventually) and hello (more) land tax for commercial and industrial property from 1 July 2024 – Further details released
On 11 December 2023, the Victorian State Government released details available here (including a useful information sheet available here) on the design of the new annual commercial and industrial property tax set to eventually replace land transfer (stamp) duty (stamp duty) for qualifying properties.
When is a public company not a public company?
Sladen Legal Welcomes New State Taxes Principal Lawyer Nicholas Clifton January 2024
January 2024 Sladen Legal Promotions
Section 99B: Is It Safe To Go Back In The Water?
Flexible Working Arrangements
Recent amendments to the Fair Work Act 2009 expand employee rights to make flexible working arrangement requests. The changes also require employers to follow a detailed process upon receipt of such requests. The amendments also permit employees to escalate their requests and seek orders from the Fair Work Commission (FWC).
Documentary protocols and disclaimers
Who’s Running The Show: Keeping Control Of An SMSF
Super Guarantee – Same, Same But Different
This paper has been built on a previous paper on the superannuation guarantee (SG) regime, titled Super Guarantee – no longer the toothless tiger. That paper was designed to take a holistic examination of the SG regime. In this paper, we have built on that approach and added a number of developments, including: