• no image Retrospectivity, Res Judicata and Tax

    Just being a beneficiary of a discretionary trust (whether or not one ever receives any distribution from the trust) can have all sorts of unintended consequences. For example, in Western Australia a company or unit trust which might not otherwise be a...

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  • no image Guidance at Last: UPE Sub-Trust Arrangements Maturing in 2017/2018

    By now, many will be aware of the recent release of Practical Compliance Guideline PCG 2017/13, containing guidance for trustees with unpaid present entitlements (UPEs) held on about-to-expire “sub-trust” arrangements. With the clock ticking on pos...

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  • no image Lawyers Negligent for Failing to Obtain Tax Advice

    In April this year the NSW Court of Appeal unanimously agreed that a commercial lawyer was negligent in failing to advise on the tax consequences of a proposed buy-back: Ralston v Jurisich [2017] NSWCA 63. In brief Mrs Jurisich was the holder of pre-CGT...

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  • no image 1 July Migration Law Changes: 457 Visa

    The Story So Far In the last three months, we have seen a significant number of changes in the skilled migration landscape, leaving many potential visa applicants (and temporary visa holders wishing to transition to permanent residency) perplexed. In ...

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  • no image Changes to Your Superannuation Fund Deed by 30 June 2017

    From 1 July 2017, pensions need to be supported by no more than $1.6 million of assets and tax changes would encourage almost all transition to retirement pensions to cease. The measure will require accurate commutation documents prepared prior to the ...

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  • no image Australia First? A Summary of the 457 Visa Changes

    On 18 April 2017, Prime Minister Malcolm Turnbull announced the staged abolition of the Subclass 457 visa under the rhetoric of "Australia first". The changes came with very little warning. Some have said that the changes are cosmetic and will have lit...

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  • no image Update on RSMS Applications in Western Australia

    Last month, I suggested in a post that there was a possibility that the window for lodging a Subclass 187 RSMS visa may be closing shortly for nominations by Perth employers. I had written this in response to reports that Mark McGowan, if elected Premier...

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  • no image PIC 4020: Are You Responsible for Your Migration Agent’s Mistake?

    Public Interest Criterion 4020 (“PIC 4020”) acts as a strong disincentive to visa applicants thinking of providing misleading information or bogus documents in relation to a visa application.  The provisions are unforgiving and the consequences of fa...

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  • no image Could Perth’s RSMS Window Be Closing?

    Last month, the current State opposition leader, Mark McGowan, announced that if elected, he would remove Perth from its regional classification for the purposes of the Subclass 187 Regional Sponsored Migration Scheme (“RSMS”) visa. In fact, The We...

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  • no image Key Superannuation Changes for July 2017: Estate Planning

    The new rules will require pension accounts to be no more than $1.6 million per person on the commencement of the pension or 1 July 2017 for existing pensions. The Government chose to give no concession whatsoever for the situation of a person who rece...

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