Superannuation and Trusts

A problem with a superannuation fund or trust can affect money you have spent years building for your family or retirement. It can also be difficult to work out whether the issue lies in the documents, the accounts or a decision made years ago. We help you understand the legal position and decide how to respond.

Tax Lawyers advises trustees, members, beneficiaries and their professional advisers on tax matters involving self-managed superannuation funds and trusts. We bring the documents and the facts together so you can see what needs attention.

The matters we assist with

• SMSF compliance concerns, ATO reviews and issues raised by an auditor.
• Related-party transactions, benefit payments and proposed voluntary disclosures.
• Trust distributions, beneficiary entitlements and unpaid present entitlements.
• Reimbursement arrangements, trustee resolutions and the tax treatment of payments.
• Tax and duty questions arising from property transfers, restructures or changes to a trust or fund.
• Objections, requests to remit penalties or interest, and tax litigation involving a fund or trust.

Clear advice, coordinated with your advisers

We review the governing deed and amendments, trustee decisions, accounts and relevant transactions. We then explain where the documents and the events need closer examination. You should understand the issue without having to become an expert in trust or superannuation law.

• We identify the records needed and work with your accountant, auditor or other adviser to obtain them.
• We explain the legal risks before you make a distribution, change a structure or respond to the ATO.
• We assess the available options, including correction, disclosure, objection, remission or proceedings where appropriate.
• We agree the scope of our work and an upfront fixed-fee quote before starting.

If a letter, audit finding or proposed transaction has raised a concern, tell us about it. We will explain what needs to be checked and how we can assist, without treating a standard answer as a substitute for understanding your circumstances.