Family Law: SMSFs, Loans and Tax

Learn how to identify the main SMSF issues in family law settlements, so you can recognise a red flag when it arises in your settlements and takeaway a practical understanding of the critical issues to consider when approaching SMSF splitting. Understand potential Division 7A issues and tax implications for 3rd party loans arising in family law settlements and finally, hear what other tax implications, other than Div 7A, arise when divorcing a spouse from a company or a trust. This must attend intensive will provide you with a new level of insight on these significant complex issues. 

Tuesday, 27 February 2024
Chair:

Susan Pearson, Partner, Pearson Emerson; Accredited Specialist in Family Law; Collaborative Lawyer; Leading Family & Divorce Lawyer, Doyle’s Guide

2.00pm to 3.00pm SMSFs: What are the Issues?
  • Splitting issues which are unique to SMSFs
  • What to do with large assets
  • Protecting your client
  • Financial statements: red flag issues

Presented by Peter Crump, Senior Consultant, Private Wealth, BDO Australia

3.00pm to 4.00pm Division 7A and 3rd Party Loans: Implications for Property Settlements, Opportunities or Difficulties
  • What are they?
  • Tax considerations
  • What loans will be recognised by the courts?
  • Case law review
  • Practical guidance/suggestions

Presented by Warwick Gilbertson, Partner, Turnbull Hill Lawyers; Accredited Specialist in Family Law

4.00pm to 5.15pm Divorcing a Spouse from a Company or a Trust: Apart from Division 7A, What Are the Tax Issues?
  • Taking assets out of a family company or trust – how to manage tax, CGT, GST and duty issues.
  • Transferring ownership or control of a family company or trust – tax pointers to be aware of.
  • Dealing with beneficiary loan accounts and removing related party loans.
  • Practical ‘war stories’

Presented by Dung Lam, Principal, West Garbutt; Accredited Specialist in Personal and Business Tax; Member, Taxation Committee of the Business Law Section, Law Council of Australia; Chartered Tax Adviser

Description

Attend and earn 3 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories

4.00pm to 4.15pm Afternoon Tea Break

Presenters


Mr. Peter Crump, Senior Consultant, Private Wealth, BDO Australia
Peter Crump is a Senior Consultant at BDO Adelaide. As a licensed financial adviser he provides his clients with ongoing advice and support to make their lives less stressful when it comes to money related matters. A lifetime spent in superannuation has given Peter a deep understanding of anything related to superannuation, including self-managed superannuation funds, which is a specialisation. Peter has been providing expert advice and evidence on Family Law superannuation related issues for over 20 years and is a regular presenter on these issues. A previous Chairman and board member of the SMSF Association, Peter has numerous professional credentials, including Fellow of the Institute of Actuaries of Australia, Chartered Tax Adviser, SMSF Specialist Adviser and CERTIFIED FINANCIAL PLANNER®.


Ms. Dung Lam, Principal, West Garbutt
Dung Lam is a tax and superannuation lawyer with years of experience advising on a wide variety of taxes including income tax, capital gains tax, GST and state taxes such as payroll tax and land tax. Dung also assists taxpayers in obtaining rulings from and managing tax disputes with the Australian Taxation Office and state revenue authorities. Dung has extensive experience in advising on the taxation of trusts, superannuation issues concerning self managed superannuation funds and tax issues related to estate planning. Dung advises a broad range of clients ranging from small to medium enterprises, high net worth individuals, professional firms, accountants and their clients. Dung is a Chartered Tax Adviser, a full member of the Society of Trusts and Estates Practitioners and an accredited Taxation Law Specialist with the New South Wales Law Society.


Ms. Susan Pearson, Partner, Pearson Emerson
With over 35 years’ experience in family law, and as one of the first lawyers to be accredited as a family law specialist by the Law Society of New South Wales, Susan is consistently recognised as one of the leading family lawyers Australia-wide. In 2021 Susan was once again recognised in Doyle’s Guide to the Australian Legal Market as one of only five pre-eminent family lawyers in Sydney and one of only four leading family lawyers for high-value & complex property matters) in New South Wales. Susan is a Fellow of the International Academy of Family Lawyers (IAFL), and a Contributor to the World Bank Women, Business and the Law & Civil Society Organisation Reports.


Mr. Warwick Gilbertson, Partner, Turnbull Hill Lawyers
City born and country raised Warwick Gilbertson understands people as much as he understands the law. It is this combination of talents coupled with 40 years plus of experience that has seen Warwick become a sought after advisor regarding Wills, Powers of Attorney, Guardianship, Trusts, Companies, Superannuation Funds, Business entities and the claims that can be made upon them. Warwick’s journey as a lawyer has brought him far since being admitted to practice as a Practitioner of the Supreme Court of Tasmania in 1975, to a solicitor of the Supreme Court of NSW in 1980. Warwick is the Partner in charge at Turnbull Hill Lawyers of the firm’s Estate Planning, Estate Administration and Family Law Teams. Turnbull Hill Lawyers was named by Doyle’s Guide as a Leading Law Firm: Wills, Estate and Succession Planning 2021 and 2022 (NSW). Warwick is a registered Trust and Estate Practitioner (TEP). He is an Associate Member of the Taxation Institute of Australia. Warwick has been recognized since 2020 to 2024 by Best Lawyers in Australia for his contribution to Trusts & Estates.

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Family Law: SMSFs, Loans and Tax

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Single Session
Tuesday, 27 February 2024
2.00pm to 5.15pm Australia/Sydney
CPD Points 3
3
$420.00
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