Public Taxation Guidance Index

Public Taxation Guidance Materials

Public taxation guidance materials and website information — not to be relied on without specialist lawyer engagement for advice.

Important Notice:These examples have been found and analysed from previously publicly available taxation ruling or taxation guidance materials and are to be considered for general information purposes only and are not to be relied on as legal advice. The purpose of displaying these examples is for client demonstration and ease of readability and searchability and is no substitute for verification against the original source and specialist lawyer advice. T Legal trading as SMSF Centre is not the author of these examples and is not responsible for the consequences of any use or reliance on these examples, they are shown here for client meeting demonstration purposes only. If you are not familiar with the use of these examples in legal practice it is highly recommended that you seek specialist legal advice before considering the examples.
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Public Tax Guidance Repository

Public Taxation Guidance Documents

Public taxation guidance document - not to be relied on without specialist lawyer engagement for advice.

6 Documents Listed
SMSF Public Guidance Document• 1 Indexed Record

Death of an SMSF member

Public Guidance Document Reference

#1Example: SMSF paying a super death benefit

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Jacinta and Jack are spouses, and members and trustees of the Hill SMSF. Jack has a terminal medical condition. He makes a request to his SMSF for release of his super. Before the benefit payment is made, Jack passes away. It is then paid to an accou
SMSF Public Guidance Document• 1 Indexed Record

Income stream (pension) rules and payments

Public Guidance Document Reference

#1Example: pension starts after 1 July

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Thavi starts an account-based pension on 1 January 2023 at age 66. His pension account balance on the start day is $250,000. The minimum annual payment amount would be $6,250 (2.5% of $250,000). However, as the pension started on 1 January 2023, the
SMSF Public Guidance Document• 1 Indexed Record

Returning contributions

Public Guidance Document Reference

#1Example: contribution not returned within 30-day timeframe

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Beatrice is 77 years old, retired and both a trustee and member of an SMSF. She makes a $100,000 personal member contribution to the fund on 31 January 2023. During the audit of her fund in August, the SMSF auditor points out that the fund has not co
SMSF Public Guidance Document• 1 Indexed Record

Rollovers for SMSFs

Public Guidance Document Reference

#1Example: rollover with an untaxed element

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On 5 September 2023, Tom asks his APRA-regulated fund to roll over his super of $1,890,000 to his SMSF. This is an untaxed element. The untaxed plan cap amount for 2023–24 is $1,705,000, meaning Tom's rollover amount exceeds the cap by $185,000. The
TRUSTS Public Guidance Document• 1 Indexed Record

Changing a trust position with tax consequences

Public Guidance Document Reference

#1Examples of high-risk behaviour

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Changing trust resolutions In a particular case, tax returns were lodged on the basis that resolutions appointing trust income were made on 30 June. During an audit of the trust, resolutions signed and dated 30 June were provided to the auditors. As
TRUSTS Public Guidance Document• 1 Indexed Record

Family trusts

Public Guidance Document Reference

#1Example 1: fixed trust distributions

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In 2010, Alice and a business partner, Zachary, established a unit trust, Trust Z, to acquire the freehold to her pet store business. Alice and Zachary are unrelated. Trust A held 90% of the units, and Zachary held the remaining 10%. Trust Z was cont