Recent succession planning cases & ATO’s property development bulletin

National Conference 2021

SMSF succession planning and SMSF property development have each experienced important changes in recent times. This session will examine the key cases and ATO materials from the last 12 months that all SMSF practitioners must be aware of. In particular, this session will examine:

  • Can the holder of an enduring power of attorney execute a binding death benefit nomination?;
  • What to do when a deed is lost but a photocopy is available;
  • How should a client exercise a discretion to pay death benefits?
  • Which SMSF property development structures are risky?
  • What is safest way to structure an SMSF property development?
  • Much more.

At the end of the session, you will be able to:

  • Knowing how to deal with binding death benefit nominations where the member has lost capacity;
  • Knowing the appropriate steps where a deed is lost but a photocopy is available;
  • Knowing the relevant considerations when exercising a discretion to pay death benefits and how to best assist clients accordingly, and;
  • Knowing which methods of structuring an SMSF property development cause risk, and which methods are most likely to comply with the various laws.

Recent succession planning cases & ATO's property development bulletin

Technical Paper

The contents of this resource are taken to be correct at the time of publication.

Disclaimer: Technical Papers contain factual information only and are prepared without considering particular objectives, financial circumstances and needs. The information provided is not a substitute for legal, tax and financial product advice. The information contained in this document does not constitute advice given by the SMSF Association to you. If you rely on this information yourself or to provide advice to other persons, then you do so at your own risk. The SMSF Association is not licensed to provide financial product advice, legal advice or taxation advice. We recommend that you seek appropriate professional advice before relying upon the information in this technical paper. While the SMSF Association believes that the information provided is accurate, no warranty is given as to its accuracy and persons who rely on this information do so at their own risk. The information provided in this paper is not considered financial advice for the purposes of the Corporations Act 2001. © SMSF Association