ClearLaw articles are up to date at the time they are published. Old articles are not updated to reflect changes in the law.

ClearLaw articles relating to superannuation

Plain-language: Generally, the articles are drafted by the relevant lawyers from Maddocks, and then reviewed by us. You will notice that they are clear, simple and easy to understand. It's the hallmark of the Cleardocs brand. It's what we do.

Feel free to browse the collection of articles below.

Published Title
Apr 2017 TRISs and Traps
Mar 2017 Super transfer balance cap — Law Companion Guideline LCG 2016/9 released
Mar 2017 NSW duty update: Revenue Amendment Bill passes lower House and Ruling released on discretionary trusts and foreign persons
Feb 2017 Large assets in an SMSF? Scaling back pensions should not pose a problem
Jan 2017 The 2017 superannuation reforms — thinking about death benefits
Jan 2017 Superannuation reforms
Oct 2016 SMSFs and related party borrowings: ATO releases a revised guidance note and determination on non-arm's length arrangements
Oct 2016 Implementation of superannuation reforms — final tranches of draft legislation released
Sep 2016 5 warnings for trustees about SMSF compliance
Sep 2016 Budget superannuation measures — first tranche of draft legislation released
Aug 2016 Is it time to review your SMSF's investment strategy?
Jun 2016 How decisions before 30 June 2016 may make a $51,000 difference to your super, and other interesting superannuation observations
Apr 2016 ATO releases 'safe harbour' guidelines for certain superannuation borrowings
Mar 2016 SMSFs and related party borrowings: ATO waves a red flag on non-arm's length arrangements
Mar 2016 New key superannuation rates and thresholds
Feb 2016 Tax free TRIS? — ATO delivers a private ruling on tax treatment of transition to retirement income streaming
Feb 2016 Providing SMSF advice after 30 June 2016 — An end to the 'accountants' exemption
Jan 2016 Superannuation and estate planning: The golden rules
Nov 2015 SMSF borrowings: Government rejects LRBA ban
Oct 2015 Recent ATO crackdown on SMSF trustees and non-compliance
Sep 2015 QROPS — what is it and why do I want to know about it?
Sep 2015 The reality of ageing SMSF trustees: death of an SMSF trustee
Sep 2015 Accountants providing SMSF advice — time to act on limited AFS licence
Aug 2015 The Mandie Case: the importance of having a binding death benefit nomination
Aug 2015 ASIC releases guidance on giving SMSF advice; low SMSF balances may not be cost-effective
Jul 2015 Cleardocs Update - changes to SMSF, Discretionary Trust, Unit Trust and Hybrid Trust
Jun 2015 The ALP's proposed changes to its superannuation policy — could this potentially affect you or your clients?
Apr 2015 Munro v Munro: the importance of a valid binding death benefit nomination
Mar 2015 What's the future of limited recourse borrowing arrangements?
Feb 2015 SMSF borrowing and non-commercial terms — new ATO decisions released
Jan 2015 FSI final report recommends changes to superannuation system
Jan 2015 Age Pension and Seniors Health Card: reminder of 1 Jan 2015 changes for account-based pensions
Nov 2014 Reversionary beneficiaries — key concepts for SMSF members and trustees
Oct 2014 Changes to insurance provided by SMSFs
Aug 2014 SPAA borrowing guidelines for SMSFs
Jul 2014 NSW stamp duty: possible changes for SMSFs in 2014
Apr 2014 The importance of a comprehensive SMSF investment strategy
Mar 2014 Upcoming SMSF administrative changes: early discussion with the ATO
Mar 2014 Change of SMSF trustee: practical tips for LRBAs
Feb 2014 Own rental properties? Are you conducting a 'business'?
Jan 2014 SMSF borrowings: in-house asset exemption — ATO draft instrument
Jan 2014 SMSFs and estate planning: Ioppolo & Hesford v Conti
Sep 2013 Super and financial services measures: SGC increase delayed, caps, FoFA, etc
Aug 2013 Superannuation income streams: commencement and cessation (and commutation) - Taxation Ruling TR 2013/5
Aug 2013 Super borrowing arrangements: Qld duty exemption for transfers to SMSFs
Jul 2013 New ATO rulings regarding beneficiaries of deceased members of superannuation funds
Apr 2013 Major super reforms announced ahead of 2013 Budget
Mar 2013 Annual report reveals important statistics on the SMSF sector
Mar 2013 Stronger Super - MySuper and insurance: regulations registered
Jan 2013 A new limited accountants' AFSL: will many bother; still too many unknowns?
Jan 2013 New ATO alert on SMSF limited recourse borrowings
Nov 2012 Excess superannuation contributions tax: recent AAT cases
Nov 2012 Superannuation pensions upon death of member: Government to provide tax certainty
Oct 2012 Trust distribution of capital gain held to be "special income" derived by SMSF – SCCASP Holdings as trustee for the H&R Super Fund v FCT
Sep 2012 What does it take to be removed as a SMSF trustee? Views from the NSW Supreme Court
Sep 2012 ATO Compliance Program 2012-2013: ATO to target SMSF trustees and auditors
Aug 2012 New Compliance Requirements for SMSF Trustees — Superannuation Industry (Supervision) Amendment Regulation 2012 (No. 2)
Jul 2012 Refund option for excess super contributions now law
Jun 2012 SMSFs and limited recourse borrowing arrangements - Self Managed Superannuation Funds Ruling SMSFR 2012/1
Mar 2012 Proposal to treat certain limited recourse borrowing arrangements as financial products
Mar 2012 Superannuation rates and thresholds for 2012-13
Mar 2012 Approaching the end of the financial year – A reminder to SMSF trustees about audit requirements
Mar 2012 Off-market Transactions – New regulation of acquisitions and disposals of assets between SMSF trustees and related parties
Mar 2012 SMSFs: Why corporate trustees might be the wiser choice
Feb 2012 Independent contractors may be considered employees for the purpose of Superannuation legislation
Feb 2012 Refunds of excess concessional contributions to superannuation fund members: Stronger Super continued
Feb 2012 SMSF non-compliance notice upheld for related party loans - AAT Case [2012] AATA 44, Re Trustee for R Ali Superannuation Fund and FCT
Jan 2012 SMSF Trustees may be remunerated in some circumstances
Jan 2012 SMSF: Parents and guardians of minors who are SMSF members can soon be a director of the corporate trustee for that minor
Jan 2012 Changes to superannuation trustee covenants and obligations: Part 2 of 'Stronger Super'
Jan 2012 Superannuation Forecasts for members — Relief for trustees and ASIC's guide to what's allowed
Nov 2011 Update — SMSF pensions and limited recourse borrowing: they are compatible, but be careful
Nov 2011 Boosting Australians' Superannuation Savings - Superannuation Guarantee (Administration) Amendment Bill 2011
Nov 2011 Recent ATO rulings for SMSFs 2 of 2: a former same-sex partner of a member is a 'former spouse'
Nov 2011 Recent ATO rulings for SMSFs 1 of 2: the child of a former husband or wife of a member is not a 'stepchild'
Nov 2011 MySuper Core Provisions: an overview of the new Bill
Nov 2011 SMSF Beneficiary Nominations — keep them current and try to preserve tax free payments
Oct 2011 MySuper core aspects - draft legislation released
Sep 2011 When an SMSF pension commences and ceases: the ATO's Draft Taxation Ruling
Sep 2011 ATO provides warning on SMSFs which lend money (NOT borrow money)
Sep 2011 SMSFs and limited recourse borrowing arrangements: Draft ATO Ruling SMSFR 2011/D1
Aug 2011 ASIC consults financial services licensees on scaling advice
Aug 2011 CGT on transferring assets between SMSFs, or from one SMSF to another super fund?
Jun 2011 Pensions and limited recourse SMSF borrowing: are they compatible?
May 2011 Stronger Super Reforms: Release of Further SMSF Issues Papers
Apr 2011 Corporate Trustee v Individual Trustee: Key Differences for SMSFs
Mar 2011 SMSF Pension v Death Benefit Agreement or Death Benefit Nomination: who wins?
Feb 2011 Ending and starting SMSF pensions: the ATO's view on apportioning pension components
Feb 2011 Building on land owned by an SMSF: the ATO's view
Jan 2011 Stronger Super – setting a path for future reform of the Australian Superannuation Industry
Oct 2010 ATO guides on SMSF Borrowing: guarantees, refinancing, joint investors, favourable terms
Sep 2010 Stamp duty and SMSF Limited recourse borrowing arrangements (formerly instalment warrants): is there a double duty jeopardy?
Sep 2010 Limited recourse borrowing arrangements (instalment warrants) Repaid loans and in-house assets
Aug 2010 Business as usual for Cleardocs SMSF deeds: Latest guidance from the ATO about SMSFs running a business
Aug 2010 Superannuation Contributions — A Guide
Jul 2010 Proposal to require license to deal in, or give advice on, SMSF borrowing arrangements as “financial products”
Jul 2010 SMSF Borrowing: Cleardocs documents updated to reflect changes in the law
Jul 2010 Cleardocs Update - green light for the new super fund borrowing rules
May 2010 'Special income' aka 'non arm's-length income' and complying superannuation funds including SMSFs — recent case: Darrelen Pty Ltd v Commissioner of Taxation
May 2010 Super fund borrowing rules: proposed new laws making things clearer
May 2010 SMSF deeds, deeming clauses and Macquarie Group Services 'Warning'
Apr 2010 SMSF excess contributions tax avoidance: ATO targets dodgy deeds
Mar 2010 Superannuation Contributions and Income Tax — for Self-Managed Superannuation Funds
Jan 2010 Maintain some SMSF Reserves — Understanding how reserves can benefit your Self Managed Superannuation Fund
Nov 2009 Minimum Annual Pension Payment Requirements: To pay or not to pay — that is the question
Nov 2009 Superannuation: Deductibility of insurance premiums for disability benefits
Nov 2009 Self Managed Superannuation Funds (SMSF)s buying in-house assets: When will the ATO allow it?
Oct 2009 SMSFs: Auditing and Contraventions — How to keep your self managed super fund compliant
Part 2 of 2 — SMSF Compliance
Oct 2009 SMSFs: Auditing and Contraventions — How to keep your self managed super fund compliant
Part 1 of 2 — SMSF Audits
Sep 2009 Compliance with SMSF residency rules — recent case
Sep 2009 Allocating a single Self Managed Super Fund (SMSF) contribution across two financial years
Sep 2009 Understanding — Contributions, Contributions Caps and Reserves
Aug 2009 Binding Death Benefit Nominations — Negotiating the uncertainty
Aug 2009 An SMSF member may appoint their representative to be trustee in their place — ATO guidance released
Jul 2009 SMSF borrowing: tax risk for any payments under a guarantee - draft income tax ruling
Jul 2009 SMSFs & Instalment warrant arrangements
May 2009 Changes to the SMSF residency trap
May 2009 More on updating SMSF deeds - what if the SMSF is paying a pension?
Apr 2009 Updating SMSF deeds and the law: among many existing good reasons, SMSF Death Benefit Agreements provide another
Apr 2009 SMSF Death Benefit Agreements end the "lapsing/non-lapsing binding death benefit nominations" confusion
Mar 2009 3 messages for SMSF trustees
Mar 2009 SMSF pensions — the importance of the documents
Feb 2009 Into the red: non-compliance and leveraged SMSFs
Oct 2008 Binding death benefit nominations — Caution required on non-lapsing nominations
Oct 2008 Holiday Homes in SMSFs — a narrow opportunity
May 2008 SMSFs funding property development through Instalment Warrants: the possibilities
Apr 2008 The ATO on SMSFs and related party acquisitions
Feb 2008 Superannuation Update for 2008
Jan 2008 Termination payments: what are the super contribution rules?
Jan 2008 Super in 2007: An eventful year in review- opportunities for you and your clients
Oct 2007 The ATO's View on the Meaning of "In-House Assets"- New Draft Determination
Oct 2007 "Better Super" Developments: Investments in Instalment Warrants by Superannuation Funds Segregating
Sep 2007 The ATO's latest thinking on the Sole Purpose Test for SMSFs
Sep 2007 Defined benefit pensions: Relaxing the rule son transferring "asset-test exempt" income streams
Jul 2007 Regulation of SMSFs- report by Australian National Audit Office
Jun 2007 "Simpler Super pensions" 3 months transition: then one type only
Jun 2007 Happy New Year!
Apr 2007 "Simpler Super" and ETPs - "Eligible" becomes "Employment"
Apr 2007 "Simpler Super" changes to Death Benefits - the so called "Death tax"
Mar 2007 Simpler superannuation pensions: old pensions, new pensions and things to keep in mind.
Mar 2007 ATO priorities on regulating SMSFs
Mar 2007 Transferring to another fund may prevent splitting
Feb 2007 February 2007 Developments in Super Simplification
Jan 2007 Superannuation Simplification: the law takes shape
Nov 2006 SMSF Members overseas? Beware the residency trap
Oct 2006 In-house assets: is your SMSF ready — or preparing — for June 2009? (Yes, that's 2009)
Oct 2006 SMSFs: CGT & superannuation transfers on marriage breakdown
Sep 2006 Self-managed superannuation funds: "related party transaction" extends to marriage breakdown
Sep 2006 More funding for regulation suggests more scrutiny ... records and deeds up to date?
Sep 2006 Outcomes of the 'Simpler Superannuation Plan' consultation period
Aug 2006 Super claw back from bankrupts?
Jul 2006 Five strategies for boosting spouse super savings ... Even after this year's budget
Jun 2006 Over 55? Is a transition to retirement pension the right strategy?
Jun 2006 SMSF regulation: conflicts of interest: commission arrangements
Apr 2006 Can SMSFs with individual trustees pay retirement benefits as lump sums?
Mar 2006 SMSF's and the sole purpose test: does carrying on a business breach the test?
Feb 2006 Victorian Land Tax Reminder for SMSF trustees
Feb 2006 The challenge of keeping your SMSF trust deed current: even in the accumulation phase
Dec 2005 SMSFs: changes to new contribution splitting between couples
Dec 2005 New considerations to decide if an "interdependency relationship" exists
Nov 2005 Update to Cleardocs SMSF Deed
Nov 2005 SMSF: Good news for accumulation fund members
Nov 2005 SMSFs & Defined Benefit Pensions - Finalisation at last
Nov 2005 Changes to pension payment provisions
Sep 2005 Superannuation & Tax changes. Legislation update
Aug 2005 ATO ups the ante on Self Managed Superannuation Fund compliance